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2015 DIGILAW 1158 (ALL)

Ankit Malhotra v. State of U. P.

2015-05-11

RAJES KUMAR, SUNEET KUMAR

body2015
JUDGMENT Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the petitioners, learned A.G.A for the State and perused the material available on record. 3. The instant writ petition, under Article 226 of the Constitution of India has been filed by the petitioners for quashing of F.I.R relating to Case Crime No. 481 of 2015, under Sections 384 and 506 I.P.C, Police Station Uttar, District Firozabad. 4. We have carefully examined the submissions advanced by the learned counsel for the petitioners and gone through the record. 5. After arguing at some length, learned counsel for the petitioners submits that the petitioners do not want to press the instant petition on merits and he confines his prayer only to the extent that necessary direction may be issued to the courts below for expeditious disposal of application for bail. 6. Learned A.G.A has no objection to this innocuous prayer. The prayer being innocuous in nature is accepted. Hence, this petition is hereby finally disposed of with the direction to the courts below that if the petitioners surrender before the courts below within four weeks from today and apply for bail, their prayer for bail shall be considered and decided by the courts below in view of the settled law laid down by the Full Bench of this Court in the case of Amrawati and anr Vs. State of U.P, reported in 2004 (57) ALR 290 as affirmed by Hon'ble the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P reported in 2009(3) ADJ 332 (SC). Till the period of four weeks, no coercive measure shall be taken against the petitioners. 7. During this period of four weeks, the petitioners shall fully cooperate with the investigation and shall not make any attempt or effort to contact or influence the complainant or the witnesses of the case. 8. We hereby clarify that the aforesaid period of four weeks shall not be extended and this order shall not be treated as an implied direction of this Court to grant interim or regular bail. Such prayer shall be considered by the court concerned in accordance with law.