The petitioner filed a writ petition seeking quashing of an FIR and directions not to arrest him. During hearing, the petitioner requested withdrawal of the petition, which was approved by the court with liberty to apply for bail.
Writ petition dismissed as withdrawn with liberty to apply for anticipatory bail/bail.
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Court No. - 48 Case :- CRIMINAL MISC. WRIT PETITION No. - 16402 of 2020 Petitioner :- Subhash Chandra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Birendra Kumar,Yogesh Kumar Mishra
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 first information report dated 21.10.2020 in Case Crime No.245/2020, under Section 332, 353, 352, 504 506 I.P.C., Section 3, 4 Sarvajanik Sampatti Nivaran Adhiniyam 1984, Section 7 Aapradhik Kanoon (Sansodhan) Adhiniyam, 1932, Police Station Suriyawan, District Bhadohi.
b) Issue a writ order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner in pursuance of the first information report dated 21.10.2020 in Case Crime No.245/2020, under Section 332, 353, 352, 504 506 I.P.C., Section 3, 4 Sarvajanik Sampatti Nivaran Adhiniyam 1984, Section 7 Aapradhik Kanoon (Sansodhan) Adhiniyam, 1932, Police Station Suriyawan, District Bhadohi."
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for the petitioner states that the petitioner wants to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for anticipatory bail/bail.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In view of the aforesaid, the writ petition is dismissed as withdrawn with liberty to the petitioner to apply for anticipatory bail/bail as permissible under law and in accordance with law.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 :- 20.1.2021 SP
Subhash Chandra
State Of U.P.
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
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