Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 5337 of 2021
Petitioner :- Dilip Kumar Jaiswal And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harindra Prasad
Hon'ble Pritinker Diwaker,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Harindra Prasad, counsel for the petitioners and Sri J.K. Upadhyay, learned AGA for the State and perused the records.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 4.3.2021 in respect of Crime No.0045 of 2021 for the offence under Sections 498-A, 323, 504, 506 of IPC, and Section 3/4 of DP Act, P.S. Jahanaganj, District Azamgarh.
Counsel for the petitioners submits that petitioner nos. 1 to 3 are young students and pursuing their studies to compete in the examinations. He submits that the entire family has been roped in by the complainant just to pressurize the petitioners. It has been argued that if any of the petitioner is arrested, the complainant will achieve her goal, however, the petitioners may land in difficulty.
On instructions, counsel for the petitioners, submits that he may be permitted to withdraw this writ petition with liberty to file anticipatory bail application before the competent court. It has been argued that in the eventuality of filing any such application together with an application for ad-interim anticipatory bail, the competent court be directed to decide the same, considering all the aspects of the case.
Learned A.G.A. has no objection so far as withdrawal of the writ petition is concerned. He, however, submits that discretion be given to the competent court to decide the anticipatory bail application/ad-interim anticipatory bail application in accordance with law.
The petition is dismissed as withdrawn, permitting the petitioners to file anticipatory bail application together with ad- interim anticipatory bail application before the competent court.
Needless to state that in the eventuality of filing anticipatory bail application together with ad-interim anticipatory bail application by the petitioners, the competent court may decide the same expeditiously, considering all the facts and circumstances of the case.
It is made clear that this Court has not expressed any opinion on the merits of the case and the said court to act in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.7.2021 RK
Digitally signed by Justice Pritinker Diwaker Date: 2021.07.30 16:50:29 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Manju Rani Chauhan Date: 2021.07.30 16:53:04 IST Reason: Document Owner Location: High Court of Judicature at Allahabad