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Kaushal Singh vs State Of U.P. And 2 Others on 30 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 44

Case :- CRIMINAL MISC. WRIT PETITION No. – 20085 of 2019

Petitioner :- Kaushal Singh

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Anuj Bajpai

Counsel for Respondent :- G.A.

Hon’ble Ramesh Sinha,J.

Hon’ble Raj Beer Singh,J.

Heard Sri Anuj Bajpai, learned counsel for the petitioner and Sri Amrit Raj Chaurasia, learned AGA for the State. Perused the record.

This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 12.7.2019 registered as case crime no.256 of 2019, under Sectionsection 377 IPC and 5m/6 POSCO Act, P.S. Katra, District Shahjahanpur.

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/s 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The petition is, accordingly, dismissed, as withdrawn, with the aforesaid liberty.

Needless to state that in the eventuality of filing any such application by the petitioner/s, 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 :- 30.7.2019

Neeraj

 

 

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