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Allahabad High Court

Radhey Shyam And Ors. [ P.I.L. ] vs State Of U.P.Through Secy. Home Civil ... on 10 May, 2010

Bench: Amitava Lala, Shabihul Hasnain

Chief Justice's Court

Case :- MISC. BENCH No. - 3342 of 2010

Petitioner :- Radhey Shyam And Ors. [ P.I.L. ]
Respondent :- State Of U.P.Through Secy. Home Civil Sectt. Lko.And Ors.
Petitioner Counsel :- Ashok Pandey
Respondent Counsel :- G.A.,A.S.G.

Hon'ble Amitava Lala,Acting Chief Justice
Hon'ble Shabihul Hasnain,J.

On the basis of the cause in this public interest litigation, an important question came out before us with regard to the availability of anticipatory bail within the State of Uttar Pradesh. Now, the learned Advocate General and the learned Chief Standing Counsel appearing on behalf of the State contended before this Court that the Committee constituted for it, has accepted the view point and recommended to the State Government. Now the question left, is with regard to the acceptance by the Legislature or getting assent of the President of India. So far as that part is concerned, we cannot interfere. However, we cannot say anything more than our expectation that it will be expedited.

Therefore, at this stage, since the State has accepted the contention of the writ petitioner, we dispose of this public interest litigation with liberty that in case after the decision of the Legislature, if anything is to be taken into account by the writ petitioner or anybody else challenging the same, he/they can do so.

No order is passed as to costs.

Order Date :- 10.5.2010 RKK/-