Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19856 of 2019 Petitioner :- Sonam @ Aasmen And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amar Nath Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Shri Amar Nath, learned counsel for the petitioner and Shri Gaurav Pratap Singh, learned AGA for the State and perused the material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 03.06.2019 registered as case crime no. 161 of 2019 under section 363 I.P.C., Police Station- Gagalhedi, District- Saharanpur.
Learned counsel for the petitioner submitted that the present petition may be dismissed as not pressed on behalf of petitioner no.1, Sonam, who as per the FIR is stated to be minor and there is no proof regarding her age.
Accordingly, the petition is dismissed as not pressed on behalf of petitioner no.1 and the Court proceeds to hear and decide the petition on behalf of petitioner no.2 only.
Learned counsel for the petitioner/s submits that he is not pressing this petition so far as it relates to quashing of impugned FIR. He further submits that in view of the notification No.1058/79-V-1-19-1 (Ka)-20-2018 dated 6th June 2019, provisions of anticipatory bail have been made applicable in the State of Uttar Pradesh and, therefore, the petitioner no.2 may be permitted to withdraw this petition with liberty to file an application under Section 438 of Cr.P.C. before the competent Court.
Counsel for the petitioner/s further submits that Registry may be directed to return certified copy of the F.I.R.
Learned State Counsel has no objection to this proposition.
The petition against petitioner no.2 is, accordingly, dismissed, as withdrawn, with the aforesaid liberty.
Needless to state that in the eventuality of filing any such application by the petitioner no.2, the same would be decided in accordance with law.
Registry is directed to return the certified copy of the FIR to the counsel for the petitioner/s after accepting xerox copy of the same.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 25.7.2019 shravan/Deepika