The petitioners withdrew the criminal miscellaneous writ petition challenging an FIR. The court is dismissed the petition as withdrawn, granting liberty to apply for bail.
Writ petition dismissed as withdrawn; liberty granted to apply for anticipatory bail/bail.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 17096 of 2020
Petitioner :- Sunil And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Shailendra Kumar 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:
"(i) issue a writ, order or direction in the nature of certiorari the impugned first information report dated 30.07.2019 registered as Case Crime No. 300 of 2019 Under Sections 363, 366, 504 1.P.C. and Section 7/8 Protection of Children from Sexual Offences Act, 2012, Police Station Shahganj, District- Jaunpur ( Annexure No.l to this writ petition ).
(ii) 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 30.07.2019 registered as Case Crime No. 300 of 2019 Under Sections 363, 366, 504 1.P.C. and Section 7/8 Protection of Children from Sexual Offences Act, 2012, Police Station Shahganj, District- Jaunpur."
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the petitioners states that the petitioners want to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for anticipatory bail/ bail.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In view of the aforesaid, the writ petition is dismissed as withdrawn with liberty to the petitioners to apply for anticipatory bail/ bail as permissible under law and in accordance with law.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 NLY
Sunil and Another
State Of U P
2 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
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