The High Court disposed of a criminal miscellaneous writ petition where the petitioner sought its withdrawal and the respondent (Public Prosecutor) had no objection.
Writ petition disposed of as withdrawn with liberty to apply for anticipatory bail/bail.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. - 1425 of 2021
Petitioner :- Brijesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- R.K. Mishra Counsel for Respondent :- G.A.,Chandan Agarwal
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 11.01.2021 registered as Case Crime No. 19 of 2021, under Sections 420, 467, 468, 471, 409 I.P.C. and 13 (1) (a) The Prevention of Corruption Act, 1988, Police Station Shamli, District Shamli.
b) Issue writ, order or direction in the nature of mandamus, staying the arrest of petitioner in pursuance of the impugned First Information Report dated 11.01.2021 registered as Case Crime No. 19 of 2021, under Sections 420, 467, 468, 471, 409 I.P.C. and 13 (1) (a) The Prevention of Corruption Act, 1988, Police Station Shamli, District Shamli."
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the petitioners states that the petitioners want to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for anticipatory bail/bail.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 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 :- 18.2.2021
T.S.
Brijesh Kumar
State Of U.P.
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
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