The High Court disposed of a criminal miscellaneous writ petition filed for quashing an FIR and directing no arrest, as the petitioner withdrew the petition with liberty to apply for bail.
The writ petition was disposed of as withdrawn with liberty to the petitioner to apply for bail.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 1341 of 2021
Petitioner :- Mohin Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Kumar Shukla,Sanjay Kumar Tripathi 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 to quash the impugned First Information Report dated 12.12.2020 registered as Case Crime No.446 of 2020, under Section 2/3 of Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Meerganj, District Bareilly.
b) Issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioner in pursuance of the FIR dated 12.12.2020 registered as Case Crime No.446 of 2020, under Section 2/3 of Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Meerganj, District Bareilly."
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for the petitioner states that the petitioner wants to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for bail.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 bail .
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
Mohin Khan
State Of U.P.
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
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