Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 36964 of 2018 Petitioner :- Ashwani Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Yadav,Navneet Kumar Mishra Counsel for Respondent :- G.A.,Satyendra Kumar Singh
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Heard Sri S.K. Yadav, counsel for the petitioner and learned Counsel for State.
In this writ petition, the petitioner has sought for quashment of the FIR dated 07.12.2018 in respect of Case Crime No.0498 2018 under Sections 323, 504, 506, 332, 353 of IPC. Police Station, Kotwali, district, Ghazipur.
Learned Counsel for the petitioner submits that he is not pressing this petition so far it relates to the quashment of first information report. However, purpose of filing this petition would be served, if a direction is issued to decide the regular bail application to be filed by the petitioner expeditiously in accordance with law, but till such application is filed and the same is decided by the court below, some protective order be given to the petitioner.
On the other hand, learned State Counsel has no objection in so far as withdrawal of the petition is concerned. He however, submits that discretion be given to the Trial Court to decide the bail application on the same day or at least by the next date.
The petition is disposed of directing that in the eventuality of filing regular bail application by the petitioner before the Trial Court within three weeks from today, it is expected from the trial court to decide the said application in accordance with law.
Till three weeks from today, no coercive steps shall be taken against the petitioner.
It is made clear that this court has not expressed any opinion on the merit of the case and the trial court shall be at liberty to decide the regular bail application strictly in accordance with law.
The petition is accordingly, disposed of.
Order Date :- 18.12.2018//Shahid