Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 20695 of 2019 Petitioner :- Rajeev Shankar Tiwari Respondent :- State Of U P And 3 Others Counsel for Petitioner :- S.P.S. Chauhan Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Sri Brijesh Sahai, learned Senior counsel assisted by Sri S.P.S. Chauhan, learned counsel for the petitioner and Sri Gaurav Pratap Singh, learned A.G.A. for the State-respondents.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 20.07.2019 in respect of Crime No. 0838 of 2019 for the offence under Sections 120-B and 420 of I.P.C., P.S. Phase-III, District Gautam Buddha Nagar.
After arguing for sometime, learned counsel for the petitioner submits that he is not pressing this petition so far as it relates to quashing of the FIR is concerned. He, however, submits that on 31.07.2019, the petitioner has already filed an application seeking anticipatory bail but till date the same has not been decided. While referring different ordersheets of the court below, it has been argued that on four times, adjournment has been granted by the court below, whereas the requirement of law is to decide the anticipatory bail application at the earliest. Learned counsel submits that the next date has been given by the court below as 29th of August, 2019 and a direction may be issued to the court below to at least decide the bail application either way, in accordance with law.
On the other hand, State counsel has no objection to this preposition.
In view of above, petition is dismissed, as withdrawn. However, the trial court is directed to decide the anticipatory bail application filed by the petitioner on the next date unless there is some legal impediment.
It is made clear that this Court has not expressed any opinion on the merits of the case and the competent court shall be at liberty to decide the bail application strictly in accordance with law considering all aspects of the case.
Order Date :- 22.8.2019 Anand