Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 2635 of 2019 Petitioner :- Mohd Shahid Quraishi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shams Uz Zaman Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Shams Uz Zaman, learned counsel for the petitioner and Sri Amit Sinha, learned A.G.A. for the State-respondents.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 03.12.2018 in respect of Crime No. 582 of 2018 for the offence under Sections 3/5/8 Cow Slaughter Act and 295 of I.P.C., P.S. Siyana, District Bulandshahr.
Learned counsel for the petitioner submits that as the petitioner intends to file regular bail application before the trial court, he is not pressing this petition on merits. He submits that the trial court be directed to decide his bail application on the same day or at least by the next date.
On the other hand, 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.
In view of above, petitioner is permitted to withdraw this writ petition with the aforesaid liberty.
Needless to state that in the eventuality of filing any regular bail application by the petitioner before the competent court, the competent court shall decide the same in accordance with law.
The petition is, accordingly, disposed of.
It is made clear that this Court has not expressed any opinion on the merits of the case and the competent court shall be at liberty to decide the bail application strictly in accordance with law considering all aspects of the case.
Order Date :- 22.2.2019 AKK/AV