Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19953 of 2019 Petitioner :- Smt. Neha @ Shabnam Bano And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suryaprakash Sharma Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Suryaprakash Sharma, learned counsel for the petitioners and Sri A.K. Saran, learned AGA for the State. Perused the record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 10.07.2019 registered as case crime no.0109 of 2019, under sections 363 and 120-B IPC, police station Sultanpur Ghosh, District Fatehpur.
Learned counsel for the petitioner has pointed out that the petitioner no.1 and 2 who had enticed away the victim have been arrested by the police, hence, the petition on their behalf may be dismissed as not pressed.
Accordingly, the petition against the petitioner no. and 1 and 2 is dismissed as not pressed and the Court proceeds to hear the petition against petitioner no. 3 to 6.
Learned counsel for the petitioner/s submits that they are not pressing this petition so far as it relates to quashing of impugned FIR. He further submits that in view of the notification No.1058/79-V-1-19-1 (Ka)-20-2018 dated 6th June 2019, provisions of anticipatory bail have been made applicable in the State of Uttar Pradesh and, therefore, the petitioner no. 3 to 6 may be permitted to withdraw this petition with liberty to file an application under Section 438 of Cr.P.C. before the competent Court.
Counsel for the petitioner/s further submits that Registry may be directed to return certified copy of the F.I.R.
Learned State Counsel has no objection to this proposition.
The petition against petitioner no.3 to 6 is accordingly, dismissed, as withdrawn, with the aforesaid liberty.
Needless to state that in the eventuality of filing any such application by the petitioner no. 3 to 6, the same would be decided in accordance with law.
Registry is directed to return the certified copy of the FIR to the counsel for the petitioner/s after accepting xerox copy of the same.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 26.7.2019/Neeraj