Petitioner withdrew criminal miscellaneous writ petition seeking quashing of FIR, permitted to file anticipatory bail application instead. Registry directed to return FIR.
Petition dismissed as withdrawn; petitioner granted liberty to file anticipatory bail application; FIR returned to counsel.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19006 of 2019
Petitioner :- Smt. Neeraj Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri A.K. Singh, learned counsel for the petitioner, Sri A.K. Sand, 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 petitioner with a prayer to quash the F.I.R. dated 25.6.2019 registered as case crime no. 49 of 2019 under section 409 I.P.C., police station Raja Ka Rampur, 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)-202018 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The petition is, accordingly, dismissed, as withdrawn, with the aforesaid liberty.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 :- 12.7.2019 Shiraz
Smt. Neeraj Singh
State Of U.P.
2 Others
Ramesh Sinha
Raj Beer Singh
As recorded by the court registry
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