Criminal Misc. Writ Petition dismissed as withdrawn. Court permitted petitioners 2 to 4 to file anticipatory bail application before competent court with direction for expeditious disposal.
Petition dismissed as withdrawn; liberty granted to file anticipatory bail application before competent court.
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Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 783 of 2021
Petitioner :- Nelam And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mukesh Kumar Maurya Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Deepak Verma,J.
Sri M.K. Maurya, learned counsel for the petitioners and Sri Gaurav Pratap Singh, learned AGA for the State-respondents.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 10.1.2021 in respect of Crime No.14 of 2021 for the offence under Sections 363, 366 and 120-B of IPC, Police Station Bhogaon, District Mainpuri.
Learned counsel for the petitioners submits that petitioner nos. 1 and 2, both major, have performed marriage of their own free will on 12.1.2021 and are living happy married life. He submits that petitioner no.3-Sudha is a mother of petitioner no.2, whereas petitioner no.4 is his brother and both of them have nothing to do with the personal affairs of petitioner nos. 1 and 2. Learned counsel submits that if any of the petitioners is arrested, the married life of petitioner no.1 may be in danger. It has been further argued that considering the nature of dispute between the parties, ultimately the matter would be resolved and, therefore, no useful purpose would be served in arresting any of the petitioners.
On instructions, learned counsel submits that he may be permitted to withdraw this petition with liberty to file anticipatory bail application before the competent court on behalf of the petitioner nos. 2 to 4. He, however, submits that direction be issued to the said court to decide the anticipatory bail application expeditiously, considering all the aspects of the case.
State counsel has no objection insofar as withdrawal of the petition is concerned. He, however, submits that discretion be given to the competent court to decide the anticipatory bail application in accordance with law.
The petition is dismissed as withdrawn, permitting the petitioner nos. 2 to 4 to file anticipatory bail application before the competent court.
Needless to state that in the eventuality of filing any such
application by the petitioner nos. 2 to 4 before the competent court, the said court shall decide the same expeditiously, considering all the aspects of the case, including the factum of marriage of petitioner nos. 1 and 2.
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.
The party shall file computer generated copy of this order downloaded from the official website of the High Court, Allahabad, self attested by the petitioner(s) along with a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall made a declaration of such verification in writing.
Order Date :- 9.2.2021 RK
Nelam And 3 Others
State Of U.P. And 3 Others
Pritinker Diwaker
Deepak Verma
As recorded by the court registry
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