Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 1289 of 2019 Petitioner :- Raj Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mrityunjay Dwivedi Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Mrityunjay Dwivedi, learned counsel for the petitioner and Sri J.K. Upadhyay learned A.G.A. for State- respondents.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 4.12.2018 in respect of Crime No. 583 of 2018 for the offence under Sections 147, 148, 149, 124A, 332, 333, 353, 341, 336, 307, 302, 427, 436, 395 I.P.C. and 7/3/4 of E.C. Act, P.S. Syana, District Bulandshahr.
Learned counsel for the petitioner submits that though in the present petition he has sought for quashment of the FIR but he is not pressing the said relief. He submits that purpose of filing this petition would be served if the petitioner is permitted to file regular bail application before the trial court and the trial court be directed to decide the said application expeditiously.
State counsel has no objection to this proposition.
In view of above, petitioner is permitted to withdraw this petition with the aforesaid liberty.
Needless to State that in the eventuality of filing regular bail application by the petitioner before the trial court, it is expected from the trial court to decide the said bail application expeditiously in accordance with law considering all the aspects of the matter.
It is made clear that this Court has not expressed any opinion on the merit of the case and the competent court shall be at liberty to decide the bail application of the petitioner strictly in accordance with law.
The petition is, accordingly, disposed of.
Order Date :- 22.1.2019 RK