Writ petition seeking quashing of FIR and anticipatory bail was dismissed as withdrawn by the petitioner, with liberty to file a Section 438 CrPC application; registry directed to return FIR.
Petition dismissed as withdrawn; liberty granted to approach court under Section 438 CrPC Certified FIR to be returned to petitioner
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19984 of 2019
Petitioner :- Rinku Sharma And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijit Saxena,Sunil Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Vijit Saxena, 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 petitioner with a prayer to quash the F.I.R. dated 28.5.2019 registered as case crime no. 216 of 2019 under sections 498-A, 323, 506 I.P.C. and 3/4 D.P. Act, police station Tappal, District Aligarh.
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The petition is, accordingly, dismissed, as withdrawn, with the aforesaid liberty.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 :- 1.8.2019 Shiraz
Rinku Sharma And 3 Others
State Of U.P. And 3 Others
Ramesh Sinha
Raj Beer Singh
As recorded by the court registry
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