Writ petition for quashing FIR and preventing arrest was dismissed as withdrawn by the parties with liberty to apply for anticipatory bail. Court clarified it did not express opinion on merits.
Writ petition dismissed as withdrawn with liberty to apply for anticipatory bail.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 17079 of 2020
Petitioner :- Chandan And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed praying for the following reliefs:
"(i) Issue a writ,order or direction in nature of certiorari quashing the impugned first information report dated 20.11.2020 lodged by respondent no.4 against the petitioners vide Case Crime No.1377/2020 under Section 147, 332, 353, 323, 427 I.P.C. Police Station Sahibabad, District Ghaziabad (filed as annexure-1 to this writ petition).
(ii) Issue a writ order or direction in the nature of mandamus commanding the respondent no.3 not to arrest the petitioners in pursuance of the impugned first information report dated 20.11.2020 lodged by respondent no.4 against the petitioners vide Case Crime No.1377/2020 under Section 147, 332, 353, 323, 427 I.P.C., Police Station Sahibabad, District Ghaziabad."
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the petitioners states that the petitioners want to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for anticipatory bail/bail.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In view of the aforesaid, the writ petition is dismissed as withdrawn with liberty to the petitioners to apply for anticipatory bail/bail as permissible under law and in accordance with law.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 :- 18.1.2021 mt
Chandan And 3 Others
State Of U.P. And 3 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
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