Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 2651 of 2019 Petitioner :- Dinesh Kumar Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Sanjay Kumar Yadav, learned counsel for the petitioner and Sri Amit Sinha, learned A.G.A. for the State- respondents.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 24.09.2018 in respect of Crime No. 493 of 2018 for the offence under Section 307 of I.P.C., P.S. Chaubeypur, District Varanasi.
At the very outset, learned counsel for the petitioner submits that he is not pressing this petition on merits as the petitioner intends to file regular bail application before the court below. He, however, submits that direction may be issued to the trial court to decide the bail application of the petitioner on the same day so that the petitioner may not suffer any injury.
State counsel has no objection insofar as withdrawal of the petition is concerned. He, however, submits that discretion be given to the trial court to decide the bail application in accordance with law.
Considering the statement made by learned counsel for the petitioner, the present petition is dismissed as not pressed.
Needless to state that in the eventuality of filing any regular bail application by the petitioner 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 :- 31.1.2019 A. Tripathi/SK