Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 3222 of 2019 Petitioner :- Ashok Kumar Jaysawal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ragvendra Singh Rathour Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Ragvendra Singh Rathour, 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 01.12.2018 in respect of Crime No. 0541 of 2018 for the offence under Sections 342, 394, 411, 414 I.P.C. and Section 41 Cr.P.C., P.S. Phulpur, District Varanasi.
Learned counsel for the petitioner submits that he is not pressing this petition on merits as the petitioner intends to file regular bail application before the court below.
Learned counsel for the petitioner submits that in fact there exists a tenant landlord dispute and because of that petitioner has falsely been implicated. He further argued that the petitioner is an old man aged about 67 years and, therefore, trial Court be directed to consider his application on the same day so that the petitioner may not suffer any irreparable loss. He further submits that trial Court be further directed to consider the interim bail application in case it is filed so.
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.
Considering the statement made by learned counsel for the petitioner, the present petition is dismissed as not pressed.
Needless to state that in the eventuality of filing any regular bail application by the petitioner before the competent court of jurisdiction, the said court shall decide the same as expeditiously as possible in accordance with law considering all the aspects of the matter.
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.
Order Date :- 25.2.2019/SK