Matter pending investigation for 12 years — Police directed not to arrest accused till completion thereof: Allahabad HC

Allahabad High Court: A petition was filed before a Division Bench comprising of Ramesh Sinha and Dinesh Kumar Singh, JJ., for quashing an FIR registered under Sections 409, 419, 420, 467, 468, 471, 477A, 201, 218 and 120-B/34 IPC and 13(2) Prevention of Corruption Act, 1988.

Facts of the case were that an FIR was filed against petitioner in 2006 and the investigation was pending even after 12 years. Petitioner submitted that a similar petition had been filed by accused where an interim order was passed in his favour, therefore, he is also entitled for the same. Petitioner contended that from perusal of FIR it could not be said that any offence was made out against him. Petitioner also stated the fact that investigation of the case was yet not been completed.

High Court after considering the facts and circumstances of the case and submissions of petitioner directed the investigating officer to complete the investigation and submit police report before the Court. Further, the direction was issued to not arrest the petitioner before the completion of investigation and submission of the report under Section 173(2) Criminal Procedure Code, 1973. [Bharti Singh v. State of U.P., 2018 SCC OnLine All 1933, order dated 11-10-2018]

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