Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 24269 of 2019 Petitioner :- Kanhaiya @ Alok Kumar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhirendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Dhirendra Kumar Srivastava, learned counsel for the petitioner and Sri Amit Sinha, learned A.G.A. for the respondents.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 25.06.2019 in respect of Case Crime No. 259 of 2019 for the offence under Sections 307, 324, 323, 504, 506, 427 of IPC, P.S.-Alinagar, District Chandauli.
Learned counsel for the petitioner submits that he is not pressing this petition so far as the quashment of FIR is concerned. He further submits that liberty may be given to the petitioner to file a regular bail application before the court below and the trial court be directed to decide the said application expeditiously.
State counsel, however, submits that discretion be given to the trial court to decide the bail application in accordance with law.
Considering the totality of the case, we dispose of the petition permitting the petitioner to file regular 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.
Order Date :- 28.11.2019 nethra