Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 5995 of 2021 Petitioner :- Smt. Shahida Begum And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Srivastava Counsel for Respondent :- G.A.,Prem Shankar Kushwaha
Hon'ble Pritinker Diwaker,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Sanjay Kumar Srivastava, learned counsel for the petitioners and Sri Amit Sinha, learned A.G.A. for the State.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 09.04.2021 in respect of Crime No. 74 of 2021 for the offence under Sections 406, 420, 323, 504, 506 I.P.C., P.S. Kotwali, District Kanpur Nagar.
Learned counsel for the petitioners submits that petitioner no. 2 is a practicing lawyer whereas petitioner no. 1 is the mother. It has been argued that for the same dispute, civil suit is already pending and even if the entire case is taken as it is, no criminality is said to have made out.
Learned counsel for the petitioners, on instructions, wants to withdraw this petition with liberty to file appropriate application seeking anticipatory bail before the competent Court along with ad-interim anticipatory bail application. It has been argued that in the eventuality of filing any anticipatory bail application with application for ad-interim anticipatory bail, the competent court be directed to decide the same expeditiously considering the all the aspects of the case.
State counsel has no objection to this proposition.
Petition is, accordingly, dismissed as withdrawn, with the aforesaid liberty.
Needless to state that in the eventuality of filing any anticipatory bail application along with ad interim anticipatory bail application by the petitioners, the competent court may decide the same expeditiously in accordance with law considering all the aspects of the case.
The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner (s) along with 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 :- 12.8.2021 SK