Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 15917 of 2019 Petitioner :- Brijesh Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Rana,Manoj Kumar Gupta 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 01.06.2019 registered as Case Crime No. 0134 of 2019, under Sections 420 IPC and 60(1) Excise Act, P.S.- Jaitipur, District- Shahjahanpur.
Heard learned counsel for petitioner and learned A.G.A. Perused the record.
Counsel for the petitioner at the very outset has not pressed the prayer seeking the quashing of the impugned F.I.R. and has submitted that the petitioner only wants to appear before the court below and get himself bailed out and in that regard some protective direction may be given.
In view of the submissions made by the petitioner's 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 petitioner within ten days 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 petitioner 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 petition is finally disposed off.
Order Date :- 7.6.2019 AK Pandey