Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 15820 of 2019 Petitioner :- Arwind Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Devesh Kumar Shukla,Dharmesh Kumar Shukla Counsel for Respondent :- G.A.,Niklank Kumar Jain
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Sanjay Kumar Singh,J.
Vakalatnama has been filed by Sri Niklank Jain, learned counsel for the respondent no. 3 is taken on record.
This petition has been filed seeking the quashing of F.I.R. dated 08.05.2019 as well as the entire proceedings arising out of Case Crime No. 0188 of 2019, under sections 498A, 307, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Kotwali Dehat, District- Etah.
Heard learned counsel for the petitioner and learned counsel for the respondent no. 3.
At the very outset learned counsel for the petitioner says that he does not want to press the prayer with regard to quashing of the impugned F.I.R. Submission is that petitioner wants to appear before the court below and get himself bailed out and in that regard some protective direction may be given.
Heard learned A.G.A. and perused the record.
In the light of the submissions made by the counsel this petition so far as it seeks quashing of the impugned F.I.R., stands dismissed.
However, in view of the peculiar facts and circumstances of the case, it is directed that in case after surrendering in the court below an petition for bail is moved on behalf of the accused within two weeks from today, the same shall be considered and decided in accordance with law.
In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is further clarified that this order has been passed only with regard to the accused on behalf of whom petition has been moved in this Court.
With the aforesaid observations this petition is finally disposed off.
Order Date :- 4.6.2019 Ujjawal