Petitioner filed a writ petition seeking quashment of an FIR under the U.P. Gangster Act. Counsel withdrew the petition on merits, intending to file a regular bail application. The Court dismissed the petition as not pressed.
Writ petition dismissed as not pressed.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 4318 of 2020
Petitioner :- Shariq Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sarwar Ali Siddique Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Sarwar Ali Siddique, learned counsel for the petitioner and Sri Amit Sinha, learned A.G.A. for the Staterespondents.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 28.12.2019 in respect of Crime No. 0417 of 2019 for the offence under Section 2/3 of U.P. Gangster Act, P.S. Express-way, District Gautam Budh Nagar.
Learned counsel for the petitioner submits that he is not pressing this petition on merits as the petitioner intends to file regular bail application before the court below. He submits that in all those cases, which have been made basis for registering the case under the U.P. Gangster Act, the petitioner has already been granted bail by the competent court, therefore, direction may be issued to the trial court to decide the bail application of the petitioner on the same day or at least by the next date so that the petitioner may not suffer any injury.
State counsel has no objection insofar as withdrawal of the petition is concerned. He, however, submits that discretion be given to the trial court to decide the bail application in accordance with law.
Considering the statement made by learned counsel for the petitioner, the present petition is dismissed as not pressed.
Needless to state that in the eventuality of filing any regular bail application by the petitioner before the competent court of jurisdiction, the said court shall make all endeavour to decide the same expeditiously in accordance with law considering all the aspects of the matter.
It is made clear that this Court has not expressed any opinion on the merits of the case and the competent court to act in accordance with law.
Order Date :- 6.3.2020 SK
Shariq
State Of U.P.
2 Others
Pritinker Diwaker
Shekhar Kumar Yadav
As recorded by the court registry
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