Petitioners in a criminal writ petition requested withdrawal of the filed petition. The court dismissed the petition as withdrawn with liberty to apply for bail, reserving judgment on merits.
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. - 16348 of 2020
Petitioner :- Radhey Shyam And 3 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Karunesh Pratap Singh 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 to quash the impugned F.I.R. dated 9.10.2020 in Case Crime No.875 of 2020 registered at Police Station -Pipiganj, District: Gorakhpur, under Section 323, 504, 506,IPC and Section 3(1)Da and 3(1)Gha of SC/ST Act (Annexure No.1 to the writ petition).
II) issue a writ, order or direction in the nature of mandamus directing to respondents not to arrest the petitioner in pursuance to the impugned F.I.R. and not adopt any coercive action against the petitioner."
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the petitioners states that the petitioners want to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for bail.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In view of the aforesaid, the writ petition is dismissed as withdrawn with liberty to the petitioner to apply for bail.
It is made clear that we have not expressed any opinion on merits of the case of the petitioner.
Order Date :- 8.1.2021 mt
Radhey Shyam And 3 Others
State Of U P And 2 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
