A criminal miscellaneous writ petition for quashing of an FIR and seeking direction for expeditious hearing of regular bail was withdrawn by the petitioners.
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Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 35938 of 2018
Petitioner :- Shaukin And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Avinash Pandey Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Heard Sri Avinash Pandey, learned counsel for the petitioners and Sri Amit Sinha, learned AGA for State.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 25.8.2018 in respect of Case Crime No. 493 of 2018 under Sections 147, 148, 149, 336, 307, 504, 427 of I.P.C. and 7 Criminal Law Amendment Act, Police Station-Kairana, District- Shamli.
Learned counsel for the petitioners submits that he is not pressing this writ petition so far as it relates to the quashment of the impugned FIR. He, however, submits that the petitioners intend to file regular bail application 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 petitioners are permitted to withdraw the writ petition with liberty aforesaid.
Needless to state that in the eventuality of filing any regular bail application by the petitioners 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.
It is made clear that we are not expressing any opinion on merits and the trial Court would be at liberty to decide the said bail application in accordance with law.
The writ petition is, accordingly, disposed of. Order Date :- 11.12.2018 Fhd.
Shaukin And 2 Others
State Of U.P. And 2 Others
Pritinker Diwaker
Umesh Kumar
As recorded by the court registry
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