Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 16164 of 2020 Petitioner :- Gaurav Alias Gyanendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bal Krishna Pandey Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Deepak Verma,J.
Heard Sri Bal Krishna Pandey, learned counsel for the petitioner and Sri J.K. Upadhyay, learned A.G.A. for the State respondents.
This writ petition has been filed seeking quashment of FIR dated 21.10.2020 lodged by respondent No.3 on behalf of his minor daughter against the petitioner in respect of Crime No.261 of 2020 for the offence under Sections 354 Kha, 504, 506 of I.P.C., P.S.-Ahmadgarh, District-Bulandshahar.
Counsel for the petitioner submits that earlier also on 21.09.2020, mother of the victim had lodged a report against the petitioner and one Sonu in respect of Crime No. 0216 of 2020 for the offence under Sections 323, 504 and 452 of IPC, P.S.Ahmadgarh, District Bulandshahar. It has been argued that second FIR has been lodged just to pressurize the petitioner to compel him to come forward for compromise.
On instructions, counsel for the petitioners prays for withdrawal of the writ petition with liberty to file anticipatory bail application before the competent court. He, however, submits that in the eventuality of filing such application, the competent court shall be directed to decide the anticipatory bail application after considering all the aspects of the case including previous conduct of respondent No.3 and his family.
Learned A.G.A. has no objection insofar as withdrawal of the writ petition is concerned.
Considering the totality of the case, we dispose of the petition permitting the petitioner to file anticipatory bail application before the competent court.
Needless to state that in the eventuality of filing any such application, the competent court shall decide the same expeditiously in accordance with law considering all the aspects of the case.
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 alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number 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 :- 5.1.2021 nethra