Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 35940 of 2018 Petitioner :- Vikki Alias Vikrant And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pavan Kishore,Piyush Kishore Srivastava Counsel for Respondent :- G.A.,Ravindra Kumar
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Heard Sri Anand Kumar holding brief for Sri Pavan Kishore, learned counsel for the petitioners and Sri Amit Sinha, learned A.G.A. for the respondent nos. 1 to 3 and Sri Ravindra Kumar, learned counsel for respondent no. 4.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 28.10.2018 in respect of Case Crime No. 1187 of 2018 for the offence under Sections 363, 366, 120B I.P.C., P.S. Sardhana, District Meerut.
Learned counsel for the petitioners submits that he may be permitted to withdraw this petition as the 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 on the same day or atleast by the next date in accordance with law. He further submits that till such application is decided, some protective umbrella be granted to the petitioners.
Learned counsel submits that the girl Mamtesh accompanied petitioner no. 1 Vikki of her own without offering any protest and they lived together for about 12 days. He further submits that Mamtesh has absolutely no grievance against the petitioner and it is her father, who has lodged the report. He submits that Mamtesh is at the verge of completing majority and is in a position to exercise her discretion and as such no offence is made out.
On the other hand learned A.G.A opposes the petition.
Considering the facts and circumstances of the case the petitioners are permitted to withdraw this petition with the aforesaid liberty.
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.
With the above observations, the writ petition is disposed of.
Order Date :- 20.12.2018 S.K.