In a criminal miscellaneous writ petition filed to quash an FIR, the petitioner withdrew the petition with liberty to apply for bail. The High Court disposed of the petition as withdrawn with liberty to apply for anticipatory bail or bail.
The writ petition is disposed of as withdrawn with liberty to apply for anticipatory bail/bail.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. - 1340 of 2021
Petitioner :- Dr.Santosh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner 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 First Information Report dated 09.01.2021 bearing FIR No.0019 of 2021, under section 420 IPC & under sections 15(2), 15(3), 17 & 30 of Indian Medical Council Act, 1956, Police Station Khoda, District Ghaziabad ( Annexure No.1 to the writ petition ).
After the arguments were heard at some length, learned counsel for the petitioner states that the petitioner wants to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for anticipatory bail/bail.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 petitioner.
In view of the aforesaid, the writ petition is disposed of with liberty to the petitioner 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 petitioner.
Order Date :- 17.2.2021
SFH
Dr. Santosh Kumar
State Of U.P.
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
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