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Ashish And Others vs State Of U P And Others

High Court Of Judicature at Allahabad|22 August, 2019
Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 20686 of 2019 Petitioner :- Ashish And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Kumar Saxena Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Sri Rajeev Kumar Saxena, learned counsel for the petitioners and Sri Amit Sinha, learned A.G.A. for the State-respondents.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 2.04.2019 in respect of Crime No. 166 of 2019 for the offence under Sections 147, 452, 323, 504, 506 of I.P.C. and 3(1) (Da) (Dha) of SC/ST Act, P.S. Ajeetmal, District Auraiya.
After arguing for some time, learned counsel for the petitioners wants to withdraw this petition with liberty to file regular bail application. He, however, submits that present is a case where not only there is delay in lodging the FIR but provisions of Special Act have been totally misused. It has been argued that a direction may be issued to the court below for deciding regular bail application to be filed by the petitioners on the same day or at least by the next date.
On the other hand, 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.
In view of above, petitioners are permitted to withdraw this writ petition with the aforesaid liberty.
Needless to state that in the eventuality of filing any regular bail application by the petitioners before the competent court, the competent court shall consider all the aspects of the case and decide the same in accordance with law.
The petition is, accordingly, disposed of.
Order Date :- 22.8.2019 AKK
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  • Pritinker Diwaker
  • Rajeev Kumar Saxena