Dismissed
Mubarak and 5 Others v. State of U P and 3 Others
Allahabad HCCRLP/15366/2019
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Case :- CRIMINAL MISC. WRIT PETITION No. -…
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Case :- CRIMINAL MISC. WRIT PETITION No. -…
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 15366 of 2019
Petitioner :- Mubarak And 5 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Harish Chandra Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri H.C. Mishra, learned counsel for the petitioner, Sri G.P. Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 12.5.2019 registered as case crime no. 269 of 2019 under sections 498-A, 323, 504, 427 I.P.C. and 3/4 D.P. Act, police station Kotwali, District Jhansi.
Learned counsel for the petitioner/s submits that he is not pressing this petition so far as it relates to quashing of impugned FIR. He further submits that in view of the notification no.1058/79-V-1-19-1 (Ka)-20-2018 dated 6 June 2019, provisions of anticipatory bail have been made applicable in the State of Uttar Pradesh and, therefore, the petitioner/s may be permitted to withdraw this petition with liberty to file an application under Section 438 of Cr. PC before the competent Court.
Learned State Counsel has no objection to this proposition.
The petition is, accordingly, dismissed, as withdrawn, with the aforesaid liberty.
Needless to state that in the eventuality of filing any such application by the petitioner/s, the same would be decided in accordance with law.
As it appears from the order-sheet that an interim order has been passed in favour of the petitioners by this Court on 30.5.2019, the same shall remain continue till 30th July, 2019, provided the petitioner/s move an application before the Court competent as per provisions of Section 438 of the Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment) on or before 26th July, 2019.
The petition for writ is disposed of accordingly.
(Raj Beer Singh, J.) (Ramesh Sinha, J.)
Order Date :- 23.7.2019 Shiraz
Mubarak And 5 Others
State Of U P And 3 Others
Ramesh Sinha
Raj Beer Singh
As recorded by the court registry
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