Writ petition dismissed as withdrawn by petitioner counsel, with liberty to challenge the underlying F.I.R. in appropriate proceedings.
Writ petition dismissed as withdrawn; petitioners left open to challenge F.I.R. in appropriate Court.
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Court No. - 7
Case :- WRIT - C No. - 20990 of 2018
Petitioner :- Smt. Sapana And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Sati Shanker Tripathi,A.K. Mishra Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri A.K. Mishra, learned counsel for the petitioners, learned standing counsel for the State-respondents and Sri Surendra Kumar, learned counsel for respondent no.4, who has put in appearance today.
Learned standing counsel as well as learned counsel for the respondent no.4 jointly state that a criminal case under section 366 I.P.C., Police Station Iglas, district Aligarh, is registered against the petitioner No.2.
Learned counsel for petitioner no.2 states that the petitioners are major as evident from their date of birth mentioned in the Adhar-Card and the High School Certificate-cum-marksheet.The date of birth of the petitioner no.1 is 5.1.1996, while the date of birth of petitioner no.2 is 1.1.1983. He states that the petitioners shall challenge the F.I.R. in appropriate proceeding and, therefore, this writ petition may be dismissed as withdrawn at this stage.
In view of the aforesaid, the writ petition is dismissed as withdrawn, leaving it open to the petitioners to challenge the F.I.R. before the appropriate Court.
Order Date :- 7.6.2018 Ak/
Smt. Sapana And Another
State Of U P
Surya Prakash Kesarwani
As recorded by the court registry
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