Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 1300 of 2019 Petitioner :- Sanju And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shive Datta Yadav Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Shive Datta Yadav, learned counsel for the petitioners and Sri J.K. Upadhyay, learned A.G.A. for the State- respondents.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 27.11.2018 in respect of Crime No.
361 of 2018 for the offence under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Kakadev, District Kanpur Nagar.
Learned counsel for the petitioners submits that as the petitioners intend to file regular bail application before the trial court, he is not pressing the petition on merits. He further submits that the trial court be directed to decide their bail application on the same day or at least by the next date.
State counsel has no objection insofar as withdrawal of the petition is concerned. He, however, submits that discretion be given to the trial court to decide the bail application in accordance with law.
In view of above, petitioners are permitted to withdraw this writ petition with the aforesaid liberty.
Needless to state that in the eventuality of filing any regular bail application by the petitioners before the competent court, the competent court shall decide the same in accordance with law as expeditiously as possible.
The petition is, accordingly, 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 strictly in accordance with law.
Order Date :- 22.1.2019 AKK/Anand