Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 20680 of 2019 Petitioner :- Babaloo Mishra And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lakshmi Kant Pandey,Sunil Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Lakshmi Kant Pandey, learned counsel for the petitioners and Sri Jai Narayan, learned A.G.A. for the State- respondents.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 02.08.2019 in respect of Crime No. 36 of 2019 for the offence under Sections 323, 504, 506 I.P.C. and Section 3(1)(Da) and 3(1)(Dha) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S. Durgaganj, District Bhadohi.
Learned counsel for the petitioners submits that he is not pressing this petition on merits as the petitioners intend to file regular bail application before the court below. He, however, submits that a totally false case has been cooped up against the petitioners. He further submits that direction may be issued to the trial court to decide the bail application of the petitioners on the same day or at least by the next date so that the petitioners may not suffer any injury.
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 petitioners, the present petition is dismissed as not pressed.
Needless to state that in the eventuality of filing any regular bail application by the petitioners 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 :- 22.8.2019 SK