Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 4648 of 2019 Petitioner :- Km. Deepa And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rabindra Bahadur Singh,Balram Singh Counsel for Respondent :- G.A.,Jag Narayan
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Order on Amendment Application No. 3 of 2019 Heard Sri Rabindra Bahadur Singh, learned counsel for the petitioners, Sri Amit Sinha, learned A.G.A. for the State- respondents and Sri Jag Narayan, learned counsel for respondent no. 3 on amendment application.
Application for deleting the name of petitioner no. 1 from the cause title, being not opposed, is allowed.
Learned counsel for the petitioners is permitted to carry out the necessary amendment in the Court itself.
Office to re-register the name accordingly showing the name of the parties.
Order on Writ Petition This writ petition has been filed by the petitioner seeking quashment of FIR dated 01.07.2017 in respect of Crime No. 0287 of 2017 for the offence under Sections 363, 366 I.P.C., P.S. Daurala, District Meerut.
Learned counsel for the petitioner submits that he is not pressing this petition on merits as the petitioner Deepak intends to file regular bail application before the court below and, therefore, he may be permitted to withdraw the present writ petition. He, however, submits that direction may be issued to the trial court to decide the bail application of the petitioner on the same day so that the petitioner may not suffer any injury.
Learned counsel for the petitioner submits that petitioner Deepak is living with the girl Deepa, who is a major, since last one and half years and they have also performed marriage and, therefore, no useful purpose would be served in sending the petitioner to jail.
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 bail application in accordance with law.
Considering the statement made by learned counsel for the petitioner, the present petition is dismissed as not pressed.
Needless to state that in the eventuality of filing any regular bail application by the petitioner before the competent court of jurisdiction, the said court shall decide the same as expeditiously as possible in accordance with law considering all the aspects of the matter including that of marriage of petitioner with Deepa.
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.
Order Date :- 26.2.2019 SK