Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 36977 of 2018 Petitioner :- Anwar Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Heard Sri Abhishek Kumar Singh, learned counsel for the petitioner and Sri Amit Sinha, learned A.G.A. for the State- respondents.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 16.09.2018 in respect of Case Crime No. 289 of 2018 for the offence under Sections 420, 406 of I.P.C., P.S. Kaimari, District Rampur Nagar.
Learned counsel for the petitioner submits that he is not pressing the present petition so far as it relates to quashment of the FIR. He, however, submits that the petitioner intends to file regular bail application before the competent court and the competent court be directed to decide the said application expeditiously and to consider the fact that the maximum punishment for the alleged crime is up to seven years. Learned counsel for the petitioner submits that till the bail application of the petitioner is decided, some protective order be given to him.
State counsel has no objection to this proposition.
Petitioner is permitted to withdraw this petition with the aforesaid liberty.
Needless to state that in the eventuality of filing the regular bail application by the petitioner before the trial court, it is expected from the trial court to decide the said bail application expeditiously in accordance with law considering all the aspects of the matter.
Till three weeks from today, no coercive steps shall be taken against the petitioner.
The writ petition stands disposed of.
It is made clear that this Court has not expressed any opinion on the merit of the case and the competent court shall be at liberty to decide the bail application of the petitioner strictly in accordance with law.
Order Date :- 19.12.2018 RK