Criminal miscellaneous writ petition regarding quashing of FIR and mandamus against harassment was dismissed as withdrawn by the petitioners with liberty to apply for bail.
Writ petition dismissed as withdrawn with liberty to apply for anticipatory bail/bail.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. - 16429 of 2020 Petitioner :- Kishundev And 8 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Babu Ram Yadav,Sameer Yadav,Sarita Yadav 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 to quash the impugned first information report dated 2.10.2020 lodged as Case Crime No.395 of 2020 under Section 147, 323, 504, 506, 354, 427, 452 IPC, Police Station Taraya Sujan District Kushi Nagar (Annnexure No.1 to this writ petition).
b) Issue a writ order or direction in the nature of mandamus directing and commanding the respondents for not harassing, torturing to the petitioners in pursuance of the above said Case Crime No.395 of 2020 under Section 147, 323, 504, 506, 354, 427, 452 IPC, Police Station Taraya Sujan District Kushi Nagar (Annnexure No.1 to this writ petition), during the pendency of investigation."
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the petitioners states that the petitioners want to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for anticipatory bail/bail.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In view of the aforesaid, the writ petition is dismissed as withdrawn with liberty to the petitioners to apply for anticipatory bail/bail as permissible under law and in accordance with law.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 :- 25.1.2021 SP
Kishundev And Others
State Of U.P. And Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
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