Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 15040 of 2020 Petitioner :- Dr. Avnish Dubey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Pati Tiwari Counsel for Respondent :- G.A.,Ashok Kumar Singh
Hon'ble Pritinker Diwaker,J. Hon'ble Deepak Verma,J.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 23.9.2020 in respect of Crime No.0440 of 2020 for the offence under Sections 420, 467, 468, 406, 504, 506 of IPC and Section 3 (2) (v) of SC/ST Act, P.S. Jalaun, District Jalaun.
At the outset, leaned counsel for the petitioner wants to withdraw this petition with liberty to file regular bail application before the competent court. He, however, submits that as a financial transaction has been given criminal colour just to pressurize the petitioner, Court below be directed to decide the bail application of the petitioner on the same day or at least by the next date, so that he may not suffer any injury.
Counsel for the State and Complainant have no objection insofar as withdrawal of the petition is concerned. They, however, submit that discretion be given to the trial court to decide the bail application in accordance with law and no time frame, as prayed, be fixed.
In view of above, petitioner is permitted to withdraw this petition with the aforesaid liberty.
Needless to state that in the eventuality of filing any regular bail application by the petitioner before the competent court of jurisdiction, it is expected from the said Court to decide the same as expeditiously as possible in accordance with law considering all the aspects of the matter.
It is made clear that we have observed nothing on the merits of the case and the competent court to act in accordance with law.
With the above observations, the writ petition is dismissed as withdrawn.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self-attested by the petitioner, along with a self-attested identify proof of the said person (s) (preferably Aadhar Card).
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 :- 6.1.2021 RKK/-