The High Court permitted the withdrawal of a writ petition seeking quashment of an FIR, granting liberty to file a regular bail application before the trial court with directions for expedited hearing.
Withdrawal of writ petition permitted with liberty to file regular bail application before the trial court for expedited hearing.
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Court No. - 3
Case :- CRL. MISC. WRIT PETITION No. - 34763 of 2018
Petitioner :- Rajesh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Srivastava,Gyanendra Prakash Srivastava Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Sri Gyanendra Prakash Srivastava for the petitioner and Sri Amit Sinha for the State.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 17.10.2018 in respect of Case Crime No. 64 of 2018 under Sections 326 I.P.C., Police StationRaipur, District- Sonbhadra.
Pursuant to the previous order passed by this Court Sri Amit Sinha, learned counsel for the State, place the medical report of injured Amresh.
After going through the said report counsel for the petitioner submits that he may be permitted to withdraw this petition with liberty to file regular bail application on behalf of the petitioner before the trial Court and the trial Court be directed to decide the said bail application on the same day or at least by the next date.
State counsel has no objection so far as withdrawal of the writ petition is concerned. He, however, submits that the discretion may be given to the trial Court to decide the said bail application in accordance with law.
The petitioner is permitted to withdraw the writ petition with liberty aforesaid.
Needless to state that in the eventuality of filing any regular bail application by the petitioner before the trial Court, it is expected from the trial Court to decide the same expeditiously in accordance with law after considering all the aspects of the matter.
The writ petition is, accordingly, disposed of. Order Date :- 10.12.2018 Fhd.
Rajesh
State Of U.P.
2 Others
Pritinker Diwaker
Umesh Kumar
As recorded by the court registry
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