Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 15873 of 2019 Petitioner :- Brajesh Savita And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Sanjay Kumar Singh,J.
This criminal misc. writ petition has been filed with the prayer to quash the impugned F.I.R. dated 20.5.2019 registered as Case Crime No. 335 of 2019, under Sections 323, 504, 506, 308 I.P.C. P.S.- Barra, District- Kanpur Nagar.
Heard learned counsel for the petitioners and learned A.G.A. Perused the record.
At the very outset, learned counsel for the petitioners has not pressed the prayer so far it relates to quashing of the impugned F.I.R. The only submission made by the petitioners' counsel is 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 the impugned F.I.R. stands dismissed.
However, in view of the peculiar facts and circumstances of the case, it is directed that in case after surrendering in the court below an application for bail is moved on behalf of the accused within two weeks from today, the same shall be considered and decided in accordance with law.
In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is 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 Naresh