Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 36993 of 2018 Petitioner :- Rohit Solanki And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manish Yadav Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Heard Sri Manish Yadav, learned counsel for the petitioners and Sri Amit Sinha, learned A.G.A. for the State-respondents.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 25.06.2018 in respect of Case Crime No. 673 of 2018 for the offence under Sections 420, 406, 467, 468, 120-B, 147, 504, 506, 352 of I.P.C., P.S. New Agra, District Agra.
Learned counsel for the petitioners submits that he is not pressing the present petition so far as it relates to quashment of the FIR. He submits that the petitioner no. 2 is a lady and the petitioner no. 1 is the family member and if they are arrested, they would suffer irreparable loss. Learned counsel for the petitioners submits that for the alleged offence, maximum sentence is seven years and, therefore, the arrest of the petitioners are not mandatory. He further submits that the petitioners intend to file regular bail application.
State counsel has no objection to this proposition.
Petitioners are permitted to withdraw this petition with the aforesaid liberty.
However, in the eventuality of filing the regular bail application by the petitioners 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.
Till three weeks from today, no coercive steps shall be taken against the petitioners.
The writ petition stands disposed of.
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 petitioners strictly in accordance with law.
Order Date :- 19.12.2018 RK