The special leave to appeal was filed as a criminal miscellaneous writ petition to quash an FIR under Sections 392 and 386 IPC. The petition was dismissed as withdrawn by the petitioner, who sought liberty to file an anticipatory bail application instead.
The petition was dismissed as withdrawn. Registry directed to return the certified FIR copy.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 17727 of 2019 Petitioner :- Manoj Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd Imdad Siddiqui Counsel for Respondent :- G.A.,S.F.A. Naqvi
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Shri Mohd. Imad Siddiqui, learned counsel for the petitioner and Shri Amrit Raj Chaurasia, learned AGA for the State and perused the material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 30.05.2019 registered as case crime no. 0097 of 2019 under sections 392, 386 I.P.C., Police Station- Ecotech-I, District- Gautam Budh Nagar.
Learned counsel for the petitioner 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 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 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 The petition is, accordingly, dismissed, as withdrawn, with the aforesaid liberty.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, 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 after accepting xerox copy of the same.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 31.7.2019 shravan/Deepika
Manoj Kumar
State Of U.P.
Ramesh Sinha
Raj Beer Singh
As recorded by the court registry
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