The High Court dismissed the criminal miscellaneous writ petition as withdrawn by the applicant. The court noted there was no objection from the respondent and did not express any opinion on the merits of the case.
Writ petition dismissed as withdrawn with liberty to apply for anticipatory bail/bail.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. - 16380 of 2020
Petitioner :- Waseem Ahmad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Pandey 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:
"a) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 23.10.2020 registered as Case Crime No.705 of 2020, under Sections 419, 420, 406, 323, 504, 506, 452, 427 I.P.C., Police Station Kokhraj, District Kaushambi.
b) Issue writ, order or direction in the nature of mandamus directing the respondent no.2 and 3 not to arrest the petitioners in pursuance of the impugned First Information Report dated 23.10.2020 registered as Case Crime No.705 of 2020, under Sections 419, 420, 406, 323, 504, 506, 452, 427 I.P.C., Police Station Kokhraj, District Kaushambi. "
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for the petitioner states that the petitioner wants to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for anticipatory bail/bail.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In view of the aforesaid, the writ petition is dismissed as withdrawn with liberty to the petitioner to apply for anticipatory bail/bail as permissible under law and in accordance with law.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 :- 13.1.2021 T.S.
Waseem Ahmad
State Of U.P.
2 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
