Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 36966 of 2018 Petitioner :- Mustaqeem And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manish Joshi Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Heard Sri Manish Joshi, learned counsel for the petitioners and Sri R.K. Upadhyay, learned A.G.A. for the respondent nos. 1 to 3.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 20.11.2018 in respect of Case Crime No. 498 of 2018 for the offence under Section 3/5/8 of Cow Slaughter Act and 11 of Cruelty to Animals Act, P.S. Bhojpur, District Moradabad.
Learned counsel for the petitioners submits that he is not pressing this petition so far as it relates to quashment of FIR. He, however, submits that petitioners intend to file regular bail application before the court below and the court below be directed to decide the bail application of the petitioners on the same day or at least by the next date.
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 facts and circumstances of the case the petitioners are permitted to withdraw this petition so far as it relates to quashment of FIR.
However, in the eventuality of filing any regular bail application by the petitioners before the trial court, it is expected from the trial court to decide the said application expeditiously in accordance with law considering all the aspects of the matter.
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.
With the above observations, the writ petition is disposed of.
Order Date :- 19.12.2018 S.K.