Petitioners sought to withdraw a writ petition challenging an FIR, with consent of the A.G.A. The court dismissed the petition as withdrawn.
Writ petition dismissed as withdrawn with liberty to apply for anticipatory bail/bail.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 1436 of 2021
Petitioner :- Ashif Pasha And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sunil Kumar Upadhyay Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed praying for the following reliefs:
"[i] Issue a writ, order or direction in the nature of CERTIORARI quashing the impugned First Information Report dated 26.01.2021 lodged by the respondent No.3 against the petitioners in Case Crime No.76 of 2021, under Section 384, 364, 506, 120B I.P.C., Police Station Civil Lines, District Moradabad, [Contained in Annexure No.1 to this writ petition].
[ii] Issue a writ, order or direction in the nature of MANDAMUS directing and commanding the respondent Nos.2 and 3 not to arrest the petitioners in Case Crime No. 26.01.2021 lodged by the respondent No.3 against the petitioners in Case Crime No.76 of 2021, under Section 384, 364, 506, 120B I.P.C., Police Station Civil Lines, District Moradabad."
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the petitioners states that the petitioners want to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for anticipatory bail/ bail.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 petitioners.
In view of the aforesaid, the writ petition is disposed off with liberty to the petitioners 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 petitioners.
Order Date :- 18.2.2021 NLY
Ashif Pasha And 2 Others
State Of U.P. And 4 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
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