Petitioner withdrew a writ petition seeking quashing of an FIR under the UP Gangster Act and directed not to arrest. The Court disposed of the petition as withdrawn with liberty to apply for bail, without merits.
Petition dismissed as withdrawn with liberty to apply for bail.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 1431 of 2021
Petitioner :- Maithali Sharan Srivastava Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Kumar Singh Rajawat 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 relief:-
"(i) A writ, order or direction in the nature of Certiorari to quash the impugned First Information Report dated 01.01.2021 registered as Case Crime No.0001 of 2021 Under Section 3(1) Uttar Pradesh Gangster and Prevention of Anti Social Activities Act, 1986, Police Station Samthar District Jhansi.
(ii) A writ, order or direction in the nature of Mandamus directing the respondents not to arrest the petitioner in pursuance of the impugned First Information Report dated 01.01.2021 registered as Case Crime No.0001 of 2021 Under Section 3(1) Uttar Pradesh Gangster and Prevention of Anti Social Activities Act, 1986, Police Station Samthar District Jhansi."
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for the petitioner states that the petitioner wants to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for bail.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 off 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 :- 18.2.2021 NLY
Maithali Sharan Srivastava
State Of U.P.
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
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