Petitioners withdrew a writ petition seeking quashing of an FIR and prohibition of arrest. The court dismissed the petition as withdrawn with liberty to apply for anticipatory bail. No opinion on merits was expressed.
Withdrawal of petition; liberty to apply for anticipatory bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 15798 of 2020
Petitioner :- Avdesh And 3 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Kamal Kaushal Upadhyay,Dur Vijay Singh Counsel for Respondent :- G.A.,Gaurav Singh Chauhan
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 First Information Report dated 26-08-2020 registered as Case Crime No.0189 of 2020 Under Section 498A, 323, 307 I.P.C. and Section 3/4 D.P. Act, Police Station Salempur, District Bulandshahar (Annexure No.1).
II.Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest in Case Crime No.0189 of 2020 Under Section 498A, 323, 307 I.P.C. and Section 3/4 D.P.Act Police Station Salempur, District Bulandshahar."
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the petitioners states that the petitioners want to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for anticipatory bail/bail.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In view of the aforesaid, the writ petition is dismissed as withdrawn with liberty to the petitioners to apply for anticipatory bail/bail as permissible under law and in accordance with law.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 :- 19.1.2021 mt
Avdesh And 3 Others
State Of U P And 3 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
