Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 5326 of 2021
Petitioner :- Sams Tarvej and others.
Respondent :- State Of U.P. Through Secretary (Home), U.P. At Lucknow.
Counsel for Petitioner :- Rajan Tripathi
Hon'ble Pritinker Diwaker,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Rajan Tripathi, counsel for the petitioners and Sri Amit Sinha, learned AGA for the State.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 29.5.2021 in respect of Crime No. 346 of 2021 for the offence under Sections 147, 148, 149, 323, 336, 427, 504 and 506 of IPC & Section 3 (1) (Da) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment Act, 2015), Police Station Ghosi, District Mau.
Counsel for the petitioners, at the outset, submits that he may be permitted to withdraw this writ petition as the petitioners intend to file regular bail application before the court below. He, however, submits that direction may be issued to the court below for deciding the regular bail application, considering all the aspects of the case on the same day or at least by the next date, so that petitioners may not suffer any injury.
Learned A.G.A. has no objection so far as withdrawal of the writ petition is concerned. He, however, submits that discretion be given to the trial court to decide the regular bail application in accordance with law.
The petition is dismissed as withdrawn, permitting the petitioners to file regular bail application before the trial court.
Needless to state that in the eventuality of filing any such application by the petitioners before the trial court, the said court shall decide the same expeditiously, considering all the aspects of the case.
It is made clear that this Court has not expressed any opinion on the merits of the case and the court below to act in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 29.7.2021 RK
Digitally signed by Justice Pritinker Diwaker Date: 2021.07.30 16:49:13 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Manju Rani Chauhan Date: 2021.07.30 16:52:30 IST Reason: Document Owner Location: High Court of Judicature at Allahabad