Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 15882 of 2019 Petitioner :- Rajesh Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Sanjay Kumar Singh,J.
This writ petition has been filed seeking the quashing of F.I.R. dated 17.3.2019 registered as Case Crime No. 0202 of 2019, under Sections 379 and 411 IPC, P.S.- Kotwali Khalilabad, District- Sant Kabir Nagar.
Heard petitioner's counsel and learned AGA. Entire record has been perused.
Learned counsel for the petitioner at the very outset has not pressed the prayer seeking the quashing of the F.I.R. and has submitted that the petitioner wants to appear before the court below and get himself bailed out and in that regard some protective direction may be given.
In view of the submissions made by the petitioner's counsel, the prayer for quashing of the F.I.R. stands dismissed.
However, in view of the peculiar facts and circumstances of the case, it is directed that in case after surrendering in the court below an application for bail is moved on behalf of the accused within ten days from today, the same shall be considered and decided in accordance with law.
In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures like arrest shall be taken or given effect to.
It is clarified that this order has been passed only with regard to the accused on behalf of whom this writ petition has been moved in this Court.
With the aforesaid observations, this writ petition is finally disposed off.
Order Date :- 6.6.2019 CPP/-