Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 16756 of 2020 Petitioner :- Naresh @ Sonu And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kuldeep Kumar Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Gautam Chowdhary,J.
Heard Sri Kuldeep Kumar for the petitioners and learned A.G.A. for the State-respondents.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 25.10.2020 in respect of Case Crime No. 476 of 2020 for the offence under Sections 498- A/323/504/506 I.P.C. and 3/4 Dowry Prohibition Act, P.S. Aurangabad, District Bulandshahr.
Learned counsel for the petitioners submits that petitioner no.1 is husband, petitioner no.2 is mother-in-law, petitioner no.3 is father-in-law, petitioner no.4 is Nand and petitioner no.5 is Jeth. He further submits that the petitioners may be permitted to withdraw this petition with liberty to file anticipatory bail application before the competent court. However, the competent court be directed to decide the said application of the petitioners on the same day or at least by the next date, so that they may not suffer any injury.
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 anticipatory bail application in accordance with law.
The writ petition is dismissed, as withdrawn, with the aforesaid liberty.
Needless to state that in the eventuality of filing any anticipatory bail application by the petitioners before the competent court of jurisdiction, the said court shall decide the same considering all the aspects of the matter including the fact that petitioners have performed marriage.
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 High Court Allahabad, self attested by the petitioners 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 make a declaration of such verification in writing.
Order Date :- 5.1.2021 Irshad