Petitioners filed a writ petition to quash an F.I.R. Registered under section 363 IPC. Petitioners withdrew the petition obtaining liberty to file an anticipatory bail application.
Petition dismissed; liberty granted to file anticipatory bail application; Registered copy of F.I.R. returned to petitioner.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 18115 of 2019
Petitioner :- Chand And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepak Kumar Tripathi,Anup Kumar Singh
Counsel for Respondent :- G.A.,Hitesh Pachori
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Deepak Kumar Tripathi, learned counsel for the petitioners, 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.
Sri Hitesh Pachori, learned counsel for the private respondent has sent illness slip.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 11.06.2019 registered as case crime no. 316 of 2019, under section 363 I.P.C., police station Shahganj, District Agra.
Learned counsel for the petitioner/s submits that petitioner no.1 is the accused with whom the victim is living and 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 submits that as per FIR, the age of the victim is 17 years.
The petition is, accordingly, dismissed, as withdrawn, with the aforesaid liberty.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 :- 26.7.2019 A. Tripathi
1 issue framed by the court
Whether to quash F.I.R. registered under section 363 IPC.
Chand And 3 Others
State Of U.P. And 3 Others
Ramesh Sinha
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
