Criminal Misc. Writ Petition dismissed as withdrawn with liberty to file Section 438 Cr.P.C. application, citing UP notification on anticipatory bail.
Dismissed as withdrawn with liberty to file Section 438 Cr.P.C. application; REGISTRY directed to return certified copy of FIR.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 18521 of 2019
Petitioner :- Babbu And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Preet Pal Singh Rathore Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Preet Pal Singh Rathore, 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.
This petition has been filed by the petitioners with a prayer to quash the N.C.R. dated 02.05.2019 registered as case crime no. 159 of 2019 under sections 323, 324, 504 I.P.C., police station Bilsi, District Budaun.
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The petition is, accordingly, dismissed, as withdrawn, with the aforesaid liberty.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 :- 11.7.2019/A. Dewal
Babbu And 3 Others
State Of U.P. And 2 Others
Ramesh Sinha
Raj Beer Singh
As recorded by the court registry
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