Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 2119 of 2021 Petitioner :- Kamlesh Singh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Rajeev Misra,J.
Sri Pankaj Kumar Shukla, counsel for the petitioners and Sri Gambhir Singh, counsel for the State appear through video conferencing.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 6.1.2021 in respect of Crime No.0005 of 2021 for the offence under Sections 323, 498A, 504, 506 of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Harriya, District Basti.
Counsel for the petitioners submits that purpose of filing this writ petition would be served if he is permitted to withdraw this writ petition with liberty to file anticipatory bail application before the competent court. He submits that in the eventuality of filing any such application, the competent court be directed to consider all the aspects of the case and to decide the anticipatory bail application expeditiously. It has also been submitted that petitioners also wish to file an application seeking ad-interim anticipatory bail and, therefore, direction may be issued to the competent court to decide the said application pending along with anticipatory bail application.
State counsel has no objection insofar as withdrawal of the petition is concerned. He, however, submits that discretion be given to the competent court to decide ad-interim anticipatory bail application/anticipatory bail application in accordance with law.
The petition is dismissed with liberty as prayed.
Needless to state that in the eventuality of filing ad-interim anticipatory bail application/anticipatory bail application by the petitioners before the competent court, the said court may decide the same expeditiously, 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 the 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 made a declaration of such verification in writing.
Order Date :- 4.5.2021 RK