Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 20115 of 2019 Petitioner :- Smt. Priya And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devi Deen Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Devi Deen Yadav, learned counsel for the petitioners, Sri K.K. Patel, learned counsel for respondent no. 3, Sri. A.R. Chaurasia, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 05.07.2019 registered as Case Crime No. 82 of 2019, under sections 363, 366 I.P.C.,Police Station Pailani, District-Banda.
Learned counsel for the petitioners prays that the present petition may be dismissed as not pressed on behalf of petitioner no.1 Smt. Priya, who as per the FIR is stated to be minor and there is no proof regarding her age.
Accordingly, the petition is dismissed as not pressed on behalf of petitioner no.1 and the Court proceed to hear and decide the petition on behalf of petitioner nos. 2 and 3 only.
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.
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The petition is, accordingly, dismissed, as withdrawn, with the aforesaid liberty.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 petitioner/s nos. 2 and 3, the same would be decided in accordance with law.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2019 Anand