Petitioner sought quashing of F.I.R. under Essential Commodity Act. Counsel withdrew the writ petition; court dismissed it as withdrawn with liberty to apply for bail, reserving no opinion on merits.
Writ petition dismissed as withdrawn with liberty to apply for anticipatory bail/bail; no opinion expressed on merits.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 16271 of 2020
Petitioner :- Irshad Husain Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Manoj Kumar,Manish Kumar Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner 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 writ of certiorari Quashing the impugned First Information Report lodged report Dated 01.10.2020 in Case Crime No.356 of 2020, U/S Section 3/7 Essential Commodity Act, Police Station Mundhapande, District Moradabad.
II. Issue a writ, order or direction in the nature of writ of mandamus directing the authorities not to arrest to the Petitioner in pursuance of the impugned First Information Report."
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for the petitioner states that the petitioner wants to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for anticipatory bail/ bail.
Learned A.G.A. has no objection to the aforesaid request of the petitioner.
In view of the aforesaid, the writ petition is dismissed as withdrawn with liberty to the petitioner to apply for anticipatory bail/ bail as permissible under law and in accordance with law.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 petitioner.
Order Date :- 8.1.2021 NLY
Irshad Husain
State Of U P
2 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
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