Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19960 of 2019 Petitioner :- Pradeep Kumar Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Kant Vishwakarma Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri K.K.Vishwakarma, learned counsel for the petitioner, Sri Prabhash Pandey, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to direct the respondent no.2 not to arrest and harass the petitioner for the added offence under Sections 467, 468, 471, 409 I.P.C. in case crime No.632 of 2018, P.S. Dankaur, District Gautambudh Nagar.
At the very outset, learned counsel for the petitioner submits that initially the present FIR was registered against the petitioner for the offence under Section 420 I.P.C. which was challenged by him before this Court by means of filing Crl. Misc. Writ Petition No.15361 of 2019, in which arrest of the petitioner has been stayed by a Coordinate Bench of this Court vide order dated 30.5.2019, copy of which is annexed as Annexure-2 (at page-22) to the writ petitioner, but subsequently during the course of investigation, offence under Sections 467, 468, 471, 409 I.P.C. have been added, hence, the petitioner has again come up before this Court with the aforesaid prayer.
Learned counsel for the petitioner/s submits that he is 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/s 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The petition is, accordingly, dismissed, as withdrawn, with the aforesaid liberty.
Needless to state that in the eventuality of filing any such application by the petitioner/s, 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 :- 30.7.2019/NS