Dr.Aziz Qureshi vs State Of U.P. And 3 Others
2022 Latest Caselaw 21075 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 8224 of 2021
 

 
Petitioner :- Dr.Aziz Qureshi
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Syed Mohd. Fazal,Kashif Zaidi,Sr. Advocate
 
Counsel for Respondent :- G.A.,Sharad Sharma
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

Hon'ble Ajai Tyagi,J.

Heard Mr. S.G. Hasnain, learned Senior Advocate assisted by Mr. Syed Mohd. Fazal, learned counsel for the petitioner, Mr. M.C. Chaturvedi, learned Additional Advocate General assisted by Mr. N.K. Srivastava, learned counsel for the State and Mr. Sharad Sharma, learned counsel for the informant.

When we conveyed yesterday that we are not inclined to entertain this writ petition in the light of the judgments of Hon'ble Apex Court in the case of State of U.P. Vs. Akhil Sharda, 2022 SCC OnLine SC 820 and M/S Niharika Infrastructure (P) Ltd. Vs. State of Maharashtra, AIR 2021 SC 1918, learned Senior Advocate appearing for the petitioner sought time to go through the aforesaid judgments. Today, learned A.A.G. submits that Government does not immediately wants to arrest the petitioner and they would wait for the F.S.L. report and if there is credible evidence, they would do the needful. If the petitioner till then apprehends his arrest, there is a provision for getting anticipatory bail now in U.P. also and he may apply for it before the competent court, which is his right.

We record the aforesaid statement made by learned A.A.G. and places on record the instructions given to him by concerned S.H.O., who is Investigating Officer.

It is mutually agreed that State would abide the provisions of Section 41-A of Cr.P.C. and the petitioner would also abide by the same.

We dispose of this petition as having been withdrawn at this stage.

Accordingly, the writ petition is disposed of as withdrawn.

Order Date :- 14.12.2022

P.S.Parihar