Anticipatory bail application was dismissed as withdrawn. The court observed that the applicant had not sought a remedy at the lower court and offered the applicant liberty to file the application there.
Application dismissed as withdrawn with liberty to seek remedy at the lower level.
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Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7956 of 2021
Applicant :- Harvir Singh Opposite Party :- State of U.P. Counsel for Applicant :- Suresh Chandra Pandey Counsel for Opposite Party :- G.A.,Digvijay Tiwari
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Digvijay Tiwari, learned counsel for the informant, learned A.G.A. for the State and perused the record of this application.
In this case, the applicant has come up directly before this Court invoking exercise of power u/s 438 Cr.P.C. by moving this Criminal Miscellaneous Anticipatory Bail Application. Query was raised whether any appropriate remedy was sought before the lower court concerned, whereupon, applicant drew blank.
Now the offer has been made that applicant may be permitted to seek appropriate remedy at the lower level available to him as per law.
In view of above, this Criminal Miscellaneous Anticipatory Bail Application is dismissed as withdrawn with liberty to seek remedy at the lower level available to him as per law.
Order Date :- 6.9.2021
Raj
2 issues framed by the court
Whether a remedy was sought at the lower court before filing the anticipatory bail application.
Whether the applicant is at liberty to approach the lower court for the appropriate remedy.
1 provisions across 1 enactments
Harvir Singh
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
