Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 15299 of 2020 Petitioner :- Pankaj Kumar And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tabassum Hashmi Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Deepak Verma,J.
Ms. Tabassum Hashmi, learned counsel for the petitioners and Sri J.K. Upadhyay, learned A.G.A. for the State.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 26.08.2020 in respect of Crime No. 40 of 2020 for the offence under Sections 498A, 323, 307, 354(Kha), 406, 506 of I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Mahila Thana, District Bulandshahr.
Learned counsel for the petitioners submits that a totally false report has been lodged against the entire family just to pressurise them. She submits that there is inordinate delay in lodging the FIR and had any such incident would have taken place, the report would have been lodged promptly. She further submits that even a lady member of the family has been falsely implicated and if any of the petitioner is arrested, chances of amicable settlement between the parties would be bleak. However, on instructions, she submits that she wants to withdraw this petition with liberty to file anticipatory bail application before the competent Court. She further submits that the trial court be directed to decide the anticipatory bail application to be filed by the petitioners sympathetically considering all the aspects of the case.
State counsel has no objection to this proposition.
Petition is, accordingly, dismissed as withdrawn, with the aforesaid liberty.
Needless to state that in the eventuality of filing any anticipatory bail application, the same shall be decided expeditiously in accordance with law by the competent court considering all the aspects of the case.
The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner (s) 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 :- 6.1.2021 SK