Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 37004 of 2018 Petitioner :- Vaseem Khan And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sonu Kumar Tiwari,Pt. S.P. Sharma Counsel for Respondent :- G.A.,Akhilesh Srivastava,Saksham Srivastava
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Heard Sri Sonu Kumar Tiwari, learned counsel for the petitioners and Sri R.K. Upadhyay, learned A.G.A. for the respondent nos. 1 & 2.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 18.09.2018 in respect of Case Crime No. 403 of 2018 for the offence under Sections 323, 307, 504, 506 I.P.C. & 3(2)(V-a) of SC/ST Act, P.S. Lodha, District Aligarh.
Learned counsel for the petitioners submits that he is not pressing this petition so far as it relates to quashment of FIR. He, however, submits that petitioners intend to file regular bail application before the court below and the court below be directed to decide the bail application of the petitioners expeditiously in accordance with law. He further submits that till such application is decided, some protective umbrella be granted to the petitioners.
Learned counsel further submits that there is delay of 20 days in lodging the FIR and the said delay has not been explained by the prosecution. He points out that as per police report, no effort was made by the complainant to lodge any such report as alleged.
On the other hand learned counsel for the complainant and State oppose the petition.
Considering the facts and circumstances of the case the petitioners are permitted to withdraw this petition so far as it relates to quashment of FIR.
However, in the eventuality of filing any regular bail application by the petitioners before the trial court, it is expected from the trial court to decide the said 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.
It is made clear that this Court has not expressed any opinion on the merits of the case and the competent court to act in accordance with law.
With the above observations, the writ petition is disposed of.
Order Date :- 19.12.2018 S.K.