This criminal miscellaneous writ petition seeking quashing of an FIR and non-arrest injunction was dismissed as withdrawn by the petitioner without expressing any opinion on its merits.
None. Writ petition dismissed as withdrawn.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 1435 of 2021
Petitioner :- Abhishek Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mukesh Kumar Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
None appears for the petitioner to press the writ petition even in the revised call.
This writ petition has been filed, praying for the following relief:-
"(i) issue a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 04.01.2021, registered as Case Crime No.0008 of 2021 under Section 376, 504, 506 IPC, Police Station Bewar, District Mainpuri.
(ii) issue a writ, order or direction in the nature of mandamus directing the respondent no.2 & 3 not to arrest the Petition in pursuance of the impugned first information report dated 04.01.2021, registered as Case Crime No.0008 of 2021 under Section 376, 504, 506 IPC, Police Station Bewar, District Mainpuri."
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for the petitioner states that the petitioner wants to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for bail.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
1 issue framed by the court
Whether an unopposed withdrawal of a writ petition should be accepted.
Abhishek Yadav
State Of U.P.
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
