This order records the withdrawal of a criminal miscellaneous writ petition seeking quashing of an FIR and protection from arrest. The court disposed of the petition as withdrawn.
Writ petition disposed of as withdrawn with liberty to apply for anticipatory bail/bail.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 1244 of 2021
Petitioner :- Afsar Hussain And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Fakhruzzaman,Praveen Kumar Sharma
Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioners and the learned A.G.A
This writ petition has been filed praying for the following reliefs:
"a) Issue an appropriate writ, order or direction in the nature of certiorari calling for the records of the case and quashing the impugned First Information Report dated 24.11.2020 registered as Case Crime No.53 of 2020, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila thana, District Jhansi.
b) Issue an appropriate writ, order or direction in the nature of Mandamus commanding the Respondent no.2 or his subordinate officers not to harass/arrest the Petitioners in pursuance of impugned First Information Report dated 24.11.2020 registered as Case Crime No.53 of 2020, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila thana, District Jhansi."
After the arguments were heard at some length, learned counsel for the petitioners states that the petitioners want to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for anticipatory bail/bail.
Learned A.G.A. has no objection to the aforesaid request of the petitioners.
In view of the aforesaid, the writ petition is disposed of with liberty to the petitioners to apply for anticipatory bail/bail as permissible under law and in accordance with law.
It is made clear that we have not expressed any opinion on merits of the case of the petitioners.
Order Date :- 12.2.2021/vkg
Afsar Hussain
Another
State of U.P.
Another
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
