Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 6001 of 2021 Petitioner :- Prabhat Singh @ Dabbu Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Upendra Upadhyay Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Upendra Upadhyay, 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 18.12.2020 in respect of Crime No. 860 of 2020 for the offence under Sections 147, 148, 149, 302, 120B of I.P.C., P.S. Sarai Lakhansi, District Mau.
After arguing at length, learned counsel for the petitioner submits that purpose of filing this petition would be served if petitioner is permitted to approach the concerned Superintendent of Police for redressal of his grievance. He submits that in the eventuality of petitioner approaching the said authority, the S.P. be directed to look into the matter and ensure justice to the petitioner.
Learned counsel for the petitioner further submits petitioner intends to file regular bail application before the court below, therefore, he may be permitted to withdraw this petition with liberty to file regular bail application before the court below. He, however, submits that direction may be issued to the trial court to consider his application considering the background of the case.
State counsel submits that during investigation, petitioner has no right and it is for the investigating agency to decide as to who would carry out the investigation. He submits that if the petitioners approaches the S.P., Mau for any grievance, he has no objection.
The present petition is accordingly dismissed with the aforesaid liberty.
Needless to state that in the eventuality of filing any regular bail application by the petitioner before the competent court of jurisdiction, the said court shall decide the same expeditiously in accordance with law.
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 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 :- 12.8.2021 SK