Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 15913 of 2019 Petitioner :- Wahid Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Faisal Khan Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Sanjay Kumar Singh,J.
This writ petition has been filed seeking the quashing of F.I.R. dated 16.05.2019 registered as Case Crime No. 223 of 2019, under Sections 18/20 N.D.P.S. Act and 420 IPC, P.S.- Jhinjhana, District- Shamli.
Heard learned counsel for petitioner and learned A.G.A. Perused the record.
Counsel for the petitioner at the very outset has not pressed the prayer seeking the quashing of the impugned F.I.R. and has submitted that the petitioner only wants to appear before the court below and get himself bailed out and in that regard some protective direction may be given.
In view of the submissions made by the petitioner's counsel, the prayer for quashing the impugned F.I.R. stands dismissed.
However, in view of the peculiar facts and circumstances of the case, it is directed that in case after surrendering in the court below an application for bail is moved on behalf of the petitioner within five days from today, the same shall be considered and decided in accordance with law.
In the aforesaid period or till the date of appearance of the petitioner in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is clarified that this order has been passed only with regard to the accused on behalf of whom this writ petition has been moved in this Court.
With the aforesaid observations this petition is finally disposed off.
Order Date :- 7.6.2019 AK Pandey