Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 15883 of 2019 Petitioner :- Bilal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deepak Rana Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Sanjay Kumar Singh,J.
This writ petition has been filed seeking the quashing of F.I.R. dated 14.5.2019 registered as Case Crime No. 69 of 2019, under Section 13 of Public Gambling Act and Section 420 IPC, P.S.- Hafizpur, District-Hapur.
Heard petitioners' counsel and learned AGA. Entire record has been perused.
Learned counsel for the petitioners at the very outset has not pressed the prayer seeking the quashing of the F.I.R. and has submitted that the petitioners want to appear before the court below and get themselves bailed out and in that regard some protective direction may be given.
In view of the submissions made by the petitioners' counsel, the prayer for quashing of the F.I.R. stands dismissed.
However, it is observed that if the bail has not been obtained as yet, the accused may appear before the court below and apply for bail within two weeks from today. The court below shall make an endeavour to decide the bail application, keeping in view the observations made by the Court in the Full Bench decision of Amrawati and another Vs. State of U.P. 2004 (57) ALR 290 and also in view of the decision given by the Hon'ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC).
In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures like arrest 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 this writ petition has been moved in this Court.
With the aforesaid observations this writ petition is finally disposed off.
Order Date :- 6.6.2019 CPP/-