Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 1216 of 2021 Petitioner :- Jayanti Tiwari And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Rajesh Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Samit Gopal,J.
Heard Sri Rajesh Kumar Tiwari, learned counsel for the petitioners and Sri G.P. Singh, learned A.G.A. for the State- respondents.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 20.04.2020 in respect of Crime No. 303 of 2020 for the offence under Sections 323, 504, 506 I.P.C. and Section 3(1)(Da), 3(1)(Dha) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, P.S. Lanka, District Varanasi.
Learned counsel for the petitioners submits that petitioner no. 1 is a widow whereas petitioner no. 2 is a young girl aged about 17 years. He submits that the present FIR has been lodged as a counter blast otherwise no such incident had taken place. It has been argued that taking advantage of her caste, the complainant has made frivolous allegations regarding the commission of offence under the special act.
On instructions, learned counsel for the petitioners submits that purpose of filing this petition would be served if petitioners may be permitted to withdraw this petition with liberty to file regular bail application before the court below. He, however, submits that direction may be issued to the trial court to decide the regular bail application of the petitioners on the same day or at least by the next date so that they may not suffer any injury. He further submits that in case petitioners file any bail application seeking ad interim bail, the same may also be directed to be considered by the court below.
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 regular bail application of the petitioners in accordance with law.
Considering the statement made by learned counsel for the petitioners, the present petition is dismissed as not pressed.
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 expeditiously in accordance with law considering all the aspects of the case.
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.
The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner (s) along with 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 :- 8.4.2021 SK