The High Court dismissed the criminal miscellaneous writ petition filed by the petitioner quashing an FIR and seeking a stay on arrest, as the petition was withdrawn by the petitioner.
Writ petition dismissed as withdrawn with liberty to apply for anticipatory bail/bail.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. - 16401 of 2020
Petitioner :- Shobha Mishra And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Rohit Upadhyay 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 calling for the record of the case and to quash the impugned First Information Report dated 04.08.2020 registered as Case Crime No.0452 of 2020, under Sections 420, 467, 468 & 471 of IPC, Police Station - Gajraula, DistrictAmroha (Annexure No.1 to the writ petition).
b) Issue a writ, order or direction in the nature of Mandamus commanding the Respondents and his agents not to arrest the petitioners in pursuance of lodging of impugned First Information Report dated 04.08.2020 registered as Case Crime No.0452 of 2020, under Sections 420, 467, 468 & 471 of IPC, Police Station - Gajraula, District- Amroha (Annexure No.1 to the writ petition)"
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the petitioners states that the petitioners want to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for anticipatory bail/ bail.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In view of the aforesaid, the writ petition is dismissed as withdrawn with liberty to the petitioners to apply for anticipatory bail/ bail as permissible under law and in accordance with law.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 :- 13.1.2021/vkg
Shobha Mishra And Another
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
