The court dismissed the criminal miscellaneous writ petition seeking to quash an FIR under Section 420 of the IPC as the petitioners withdrew the petition with liberty to file for anticipatory bail under Section 438 CrPC.
FIR certified copy to be returned to petitioner's counsel; liberty to file anticipatory bail application.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 16275 of 2019
Petitioner :- Pappu And 2 Others 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 Ashok Kumar Singh, 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 28.5.2019 registered as case crime no. 98 of 2019 under section 420 I.P.C., police station Nidhauli Kalan, District Etah.
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 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The petition is, accordingly, dismissed, as withdrawn, with the aforesaid liberty.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
1 issue framed by the court
Whether the petition to quash the FIR should be admitted or dismissed given the withdrawal.
1 provisions across 1 enactments
Pappu And 2 Others
State Of U.P. And 2 Others
Ramesh Sinha
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
