Petitioner in a criminal miscellaneous writ petition withdrawn matter regarding quashing of an FIR and applicability of anticipatory bail provisions.
Withdrawal of petition with liberty to file anticipatory bail application and return of certified FIR copy.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 16270 of 2019
Petitioner :- Gullu @ Heera Lal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Singh,Pratibha Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard learned counsel for the petitioners and Sri Amrit Raj Chaurasia, learned AGA for the State. Perused the record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 11.2.2019 registered as case crime no. 0030 of 2019 under section 379 I.P.C., police station Badlapur, District Jaunpur.
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)-202018 dated 6th 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.P.C. before the competent Court.
Counsel for the petitioner/s further submits that Registry may be directed to return certified copy of the F.I.R.
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The petition is, accordingly, dismissed, as withdrawn, with the aforesaid liberty.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.
Registry is directed to return the certified copy of the FIR to the counsel for the petitioner/s after accepting xerox copy of the same.
(Raj Beer Singh, J.) (Ramesh Sinha, J.)
Order Date :- 15.7.2019 Deepika
2 provisions across 2 enactments
Gullu @ Heera Lal
State Of U.P.
Ramesh Sinha
Raj Beer Singh
As recorded by the court registry
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