Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 28510 of 2018 Petitioner :- Reeta Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suresh Singh,Akhilesh K. Dwivedi Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard Sri Suresh Singh, learned counsel for the petitioner and Sri Amit Sinha, learned A.G.A. for the respondent nos. 1 and 2.
This writ petition has been filed by the petitioner seeking quashment of F.I.R. dated 27.07.2018 in respect of Case Crime No.954 of 2018 for the offence under Sections 498A, 323, 504 and 304B of I.P.C. and Section 3/4 of Dowry Prohibition Act, 1961, P.S. Noida Section 49, District Gautam Buddh Nagar.
Learned counsel for the petitioner submits that though several relieves have been prayed for in this petition but the purpose of filing this petition would be served if petitioner is permitted to withdraw this petition with liberty to file regular bail application before the court below. He further submits that the court below be directed to decide the bail application of the petitioner expeditiously preferably on the same date.
Learned A.G.A. states that till date, petitioner has not approached the competent court and, therefore, no such direction can be issued.
In view of above, petitioner is permitted to withdraw this petition with the aforesaid liberty.
Needless to state that in the eventuality of filing any regular bail application before the competent court, the competent court shall decide the same expeditiously.
We make it clear that nothing has been observed by this Court on the merits of the case and the court below is obliged to the decide the application in accordance with law.
With the above observations, the writ petition is dismissed as withdrawn.
Order Date :- 12.10.2018 DKS