Disposed

Arun Kumar v. State of U.P. and 2 Others

Allahabad HC5 Dec 2018CRLP/34761/2018

Case brief

AI extract

What is this about?

Petitioner permitted to withdraw writ petition for quashment/Submission by State counsel not to object. Liberty granted for regular bail application to be decided expeditiously by trial court for three weeks protection from coercive steps. Court expressed no opinion on merits.

What did the court decide?

Liberty to file regular bail application; no coercive steps for three weeks; Court expressed no opinion on merits.

Arun Kumar Vs State of U.P. and 2 Others — Service and Employment | Allahabad HC (2018)

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Court No. - 3

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Case :- CRIMINAL MISC. WRIT PETITION No. - 34761 of 2018

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Petitioner :- Arun Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Kumar Saxena Counsel for Respondent :- G.A.

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Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.

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Heard Sri Rajeev Kumar Saxena, learned counsel for the petitioner and Sri Amit Sinha, learned A.G.A. for the respondent nos. 1 & 2.

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This writ petition has been filed by the petitioner seeking quashment of FIR dated 28.08.2018 in respect of Case Crime No. 887 of 2018 for the offence under Sections 3, 7 of Essential Commodities Act, P.S. Auraiya, District Auraiya.

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Learned counsel for the petitioner submits that pursuant to the show cause notice issued to him, he has already filed the reply clarifying his stand, yet efforts are there to arrest the petitioner. It has been argued that even if the entire allegation is taken as it is, offence under Section 3/7 of E.C. Act is not made out against the petitioner.

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Learned counsel further submits that he is not pressing this petition so far as it relates to the quashment of FIR. However, he may be permitted to file regular bail application before the trial court. He submits that the trial court be directed to decide the said application expeditiously and for a limited period protective umbrella be given to the petitioner.

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State counsel has no objection to this proposition.

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Petitioner is permitted to withdraw this petition with the aforesaid liberty.

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Needless to State that in the eventuality of filing regular bail application by the petitioner before the trial court, it is expected from the trial court to decide the said bail application expeditiously in accordance with law considering all the aspects of the matter.

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Till three weeks from today, no coercive steps shall be taken against the petitioner.

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The writ petition stands disposed of.

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It is made clear that this Court has not expressed any opinion on the merit of the case and the competent court shall be at liberty to decide the bail application of the petitioners strictly in accordance with law.

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Order Date :- 5.12.2018 S.K.

Arun Kumar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Arun Kumar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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