Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 37002 of 2018 Petitioner :- Dharmendra @ Dharmendra Sharma And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Prakash Singh Kushwaha Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Heard Sri Vijay Prakash Singh Kushwaha, learned counsel for the petitioners and Sri R.K. Upadhyay, learned A.G.A. for the respondent nos. 1 to 3.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 12.09.2018 in respect of Case Crime No. 322 of 2018 for the offence under Sections 5/25 of Arms Act, 1959, P.S. Patiyali, District Kasganj (Kanshi Ram Nagar).
Learned counsel for the petitioners submits that he is not pressing the relief of quashment of FIR and the petitioners intend to file regular bail application before the court below. However, he submits that direction may be issued to the trial court to decide the bail application of the petitioners expeditiously.
Learned counsel submits that the co-accused Lal Mohammad and Munna have already been granted regular bail by the court below and the High Court respectively.
Learned A.G.A. opposes the petition.
Considering the facts and circumstances of the case, the present petition is disposed of permitting the petitioners to file regular bail application before the trial court.
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 :- 19.12.2018 S.K.