This court dismissed the criminal miscellaneous writ petition without expressing any opinion on its merits, as the petitioners withdrew it 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Writ petition dismissed as withdrawn with liberty to apply for anticipatory bail/bail.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. - 16435 of 2020
Petitioner :- Naseemulla And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jay Babu Kesharwani 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 quashing the impugned F.I.R. dated 15.2.2020 in F.I.R. No.10/2020 U/ss 498A, 323, 504 IPC and 3/4 D.P. Act Police Station Khakhreru District Fatehpur (Annexure No.1 to this writ petition).
b) Issue a writ order or direction in the nature of mandamus staying the arrest of the petitioners in pursuance of the impugned F.I.R. dated 15.2.2020 in F.I.R. No.10/2020 U/ss 498A, 323, 504 IPC and 3/4 D.P. Act Police Station Khakhreru District Fatehpur (Annexure No.1 to this 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the petitioners states that the petitioners want to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for anticipatory bail/bail.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In view of the aforesaid, the writ petition is dismissed as withdrawn with liberty to the petitioners to apply for anticipatory bail/bail as permissible under law and in accordance with law.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 :- 25.1.2021 SP
Naseemulla And 6 Others
State Of U.P. And 3 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
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