Cr. MPL 1437 of 2021 filed under Article 226 of the Constitution of India seeking quashing of FIR. Petitioners withdrew the petition; Court disposed thereof allowing liberty to apply for anticipatory bail or bail without expressing opinion on merits.
Writ petition disposed of with liberty to apply for anticipatory bail or bail.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 1437 of 2021
Petitioner :- Rajeev Pandey And 2 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Atipriya Gautam,Vijay Gautam(Senior Adv.),Vinod Kumar Mishra 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:
"(a) issue a writ, or direction in the nature of certiorari, quashing the impugned First Information Report dated 28/11/2020, in Case Crime No.0548/20, U/s 166/167/342/323 IPC, Police Station Panki, District Kanpur Nagar, (Enclosed as Annexure - 1 to the writ petition)
(b) issue a writ, order or direction in the nature of mandamus, commanding the Respondents, not to take any coercive action against the petitioners, in pursuance of the First Information Report dated 28/11/2020, in Case Crime No.0548/20, U/s 166/167/342/323 IPC, Police Station Panki, District Kanpur Nagar.
(c) issue a writ, order or direction in the nature of mandamus, commanding the Respondents, not to arrest the petitioners in Case Crime No.0548/20, U/s 166/167/342/323 IPC, Police Station Panki, District Kanpur Nagar.
(d) issue a writ, order or direction in the nature of mandamus, commanding the Respondents, not to harass the petitioners in any manner, in pursuance of the First Information Report dated 28/11/2020, in Case Crime No.0548/20, U/s 166/167/342/323 IPC, Police Station Panki, District Kanpur Nagar."
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the petitioners states that the petitioners want to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for anticipatory bail/ bail.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
Rajeev Pandey
State Of U.P.
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
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