Criminal Writ Petition filed for quashing of FIR and prohibition of arrest. The petitioners sought to withdraw the petition, which the court allowed, dismissing it with liberty to apply for antibail processes.
Petition dismissed as withdrawn; liberty to apply for anticipatory bail/bail granted.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 1309 of 2021
Petitioner :- Kalp Nath And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pragya Srivastava,Amit Rai 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 a writ, order or direction in the nature of CERTIORARI quashing the impugned F.I.R. dated 27.12.2020 lodged by respondent no.3 in Case Crime No.0464 of 2020, Under Section 147, 188, 308, 323, 504, 336 I.P.C., Police Station Kerakat, District Jaunpur (Annexure No.1 to the writ petition).
b) issue a writ, order or direction in the nature of MANDAMUS directing the respondents not to arrest the petitioners in pursuance of impugned F.I.R. dated 27.12.2020 lodged by respondent no.3 in Case Crime No.0464 of 2020, Under Section 147, 188, 308, 323, 504, 336 I.P.C., Police Station Kerakat, District Jaunpur."
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the petitioners states that the petitioners want to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for anticipatory bail/ bail.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In view of the aforesaid, the writ petition is dismissed as withdrawn with liberty to the petitioners to apply for anticipatory bail/ bail as permissible under law and in accordance with law.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 :- 9.2.2021
mt
Kalp Nath And 4 Others
State Of U.P. And 2 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
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