The court dismissed a criminal miscellaneous writ petition filed for quashing an FIR and directing non-arrest as withdrawn. Liberty was granted to apply for bail.
Liberty granted to the petitioners to apply for anticipatory bail/bail as permissible under law.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 15749 of 2020
Petitioner :- Monu And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandan Kumar Chaturvedi,R.K. Singh. Rajput 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, order or direction in the nature of Certiorari to quash impugned F.I.R. dated 21.07.2020 (Annexure-1) in case crime no.509/2020, under section 34, 427, 504, 506 IPC, Police Station Mohammadabad, District Mau.
b) Issue a writ, order or direction in the nature of Mandamus directing the respondents to not arrest the petitioners in pursuance of impugned F.I.R. dated 21.07.2020 (Annexure-1) in case crime no.509/2020, under section 34, 427, 504, 506 IPC, Police Station Mohammadabad, District Mau."
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the petitioners states that the petitioners want to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for anticipatory bail/bail.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In view of the aforesaid, the writ petition is dismissed as withdrawn with liberty to the petitioners to apply for anticipatory bail/bail as permissible under law and in accordance with law.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 :- 12.1.2021 SP
Monu And 4 Others
State Of U.P. And 2 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
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