Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri S.K. Tiwari, learned counsel for the petitioners and Sri J.K. Upadhyay, learned AGA for the State and perused the records.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 18.5.2021 in respect of Crime No. 118 of 2021 for the offence under Sections 2(b)(i), 3(2) of UP Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Nautanwa, District Maharajganj.
Main grievance of the petitioners in this petition is that Sections 2(b)(i) and 3(2) of UP Gangsters and Anti Social Activities (Prevention) Act, 1986 have casually been mentioned in the FIR and this is nothing but a highhandedness on the part of the police to harass the petitioners.
On the previous date, State counsel was directed to seek instructions. State counsel submits that due to clerical mistake, Sections 2(b)(i) and 3(2) of U.P. Gangsters and Anti Social Activities (Prevention) Act were mentioned, whereas it has been now corrected and the offence under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act has been registered against the petitioners.
Considering this aspect of the case, counsel for the petitioners submits that he may be permitted to withdraw this writ petition with liberty to file regular bail application on behalf of the petitioners before the court below seeking the relief by mentioning correct section of the said Act. He submits that as the very initiation of the proceedings against the petitioners is casual, the direction may be issued to the court below for deciding the regular bail application to be filed by the petitioners, considering all the aspects of the case on the same day or at least by the next date, so that the petitioners may not be subjected to harassment.
On the other hand, learned A.G.A. has no objection so far as withdrawal of the writ petition is concerned. He, however, submits that discretion be given to the court below to decide the regular bail application in accordance with law.
The petition is dismissed as withdrawn, permitting the petitioners to file regular bail application before the court below.
Needless to state that in the eventuality of filing any such application by the petitioners before the court below, the said court shall decide the same expeditiously, considering all the aspects of the case.
It is made clear that this Court has not expressed any opinion on the merits of the case and the court below to act in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith 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 make a declaration of such verification in writing.
Order Date :- 17.8.2021 RK