In Chamber Case :- CRIMINAL MISC. WRIT PETITION No. - 28123 of 2018 Petitioner :- Rakesh Rai @ Rinku Rai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vivekanand Rai Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker, J.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
On 25.10.2018, the following order was passed by this Court :
“Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 10.6.2018 in respect of Case Crime No. 137 of 2018, under Section 3/7 E.C. Act, Police Station Sikandarpur, District Ballia.
Learned counsel for the petitioner submits that the truck in question was being unloaded in the premises of his brother and the petitioner has nothing to do with the same. He further submits that liberty be given to the petitioner to file regular bail application. However, direction may be issued to the concerned Court to decide his application expeditiously. He further submits that till his regular bail is decided, some protective umbrella be provided to the petitioner.
Learned A.G.A. opposes the petition.
Considering the facts and circumstances of the case, we finally dispose of this petition permitting the petitioner to file regular bail application before the Court below within three weeks.
Till three weeks from today, the petitioner shall not be arrested in the aforesaid crime number.
It is made clear that this Court has not expressed any opinion on the merit of the case and the court below shall be at liberty to decide the same strictly in accordance with law.”
The Bench Secretary of the Court, by his report dated 30.10.2018, has reported that the particulars of the case is not matching with the present case as it appears that due to inadvertence, the aforesaid order has been transcribed by the concerned Private Secretary in another file. After signing the said order by both of us, the order was placed before one of us (Justice Kaushal Jayendra Thaker) by his Private Secretary. Certain corrections were made in the original order by one of us (Justice Kaushal Jayendra Thaker) and as by that time, the order was already uploaded on the official website, we decided to place the matter again for correction of the typographical mistake.
Accordingly the Court took cognizance of the same and directed the matter to be placed before the Bench today.
The aforesaid order dated 25.10.2018, wrongly transcribed and uploaded in Criminal Misc. Bail Application No. 28123 of 2018 by the concerned Private Secretary, is hereby recalled. The office is directed to delete the order dated 25.10.2018 uploaded in Criminal Misc. Bail Application No. 28123 of 2018 from its data base.
The order quoted above shall be treated as having been passed by the Court on 25.10.2018 in this case which reads as follows :
“Court No.3 Case :- CRIMINAL MISC. WRIT PETITION No. - 28123 of 2018 Petitioner :- Rakesh Rai @ Rinku Rai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vivekanand Rai Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 10.6.2018 in respect of Case Crime No. 137 of 2018, under Section 3/7 E.C. Act, Police Station Sikandarpur, District Ballia.
Learned counsel for the petitioner submits that the truck in question was being unloaded in the premises of his brother and the petitioner has nothing to do with the same. He further submits that liberty be given to the petitioner to file regular bail application. However, direction may be issued to the concerned Court to decide his application expeditiously. He further submits that till his regular bail is decided, some protective umbrella be provided to the petitioner.
Learned A.G.A. opposes the petition.
Considering the facts and circumstances of the case, we finally dispose of this petition permitting the petitioner to file regular bail application before the Court below within three weeks.
Till three weeks from today, the petitioner shall not be arrested in the aforesaid crime number.
It is made clear that this Court has not expressed any opinion on the merit of the case and the court below shall be at liberty to decide the same strictly in accordance with law.
Order Date :- 25.10.2018 Mukesh”
Further order
On oral request of Sri Arvind Kumar Pandey, learned counsel for petitioner as Diwali festival is ensuing instead of three weeks as provided in 6th para of the order dated 25.10.2018, four weeks is granted.
Let a copy of this order be provided to the counsel for petitioner today.
Order Date :- 31.10.2018 Mukesh