Criminal miscellaneous writ petition filed to quash F.I.R. was dismissed as withdrawn after counsel for petitioner proposed withdrawing in view of applicability of anticipatory bail in Uttar Pradesh.
Petition dismissed as withdrawn with liberty to apply for anticipatory bail under Section 438 Cr.P.C.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 16786 of 2019
Petitioner :- Nadeem Chauhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Kumar Mishra,Rajiv Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Rajiv Kumar Mishra, learned counsel for the petitioner, Sri. A.R. Chaurasia, 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 petitioners with a prayer to quash the F.I.R. dated 06.06.2019, registered as Case Crime No. 0251 of 2019, under sections 420 I.P.C., Police Station Pilakhuwa, District Hapur.
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The petition is, accordingly, dismissed, as withdrawn, with the aforesaid liberty.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.
(Raj Beer Singh,J.) (Ramesh Sinha,J.)
Order Date :- 30.7.2019 T.S.
Nadeem Chauhan
State Of U.P.
Ramesh Sinha
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
