In a criminal miscellaneous writ petition, the petitioner prayed for quashing of an FIR and non-arrest this court dismissed the writ petition as not pressed after a co-accused was enlarged on bail allowing petitioner to seek regular bail from the trial court.
Writ petition dismissed as not pressed; liberty to avail statutory remedy.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12179 of 2021
Petitioner :- Jitendra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chakshuvendra Pachauri Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed with the prayer to quash the First Information Report (FIR) dated 07.06.2021 in Case Crime no.0198/2021 under Section 304, 120-B IPC, P.S. Palimukimpur, District Aligarh. Further prayer has been made not to arrest the petitioner in the aforesaid case.
At the very outset, learned A.G.A. raised an objection that petitioner has already moved Criminal Misc. Anticipatory Bail U/s 438 Cr.P.C. no.16732 of 2021 (Jitendra vs. State of U.P. and others) and the same was rejected by this Court by order dated 01.12.2021 and the FIR discloses congnizable offence, as such no interference is required in the matter.
Confronted with this situation, learned counsel for the petitioner submits that co-accused is already enlarged on bail by the Court below and as such, he prays that present writ petition be dismissed as not pressed so that he may obtain the regular bail before the Court below.
In view of the above, the present writ petition is dismissed as not pressed with the liberty to avail the remedy as available in law.
Order Date :- 16.12.2021 A. Pandey
Jitendra
State Of U.P.
2 Others
Mahesh Chandra Tripathi
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
