The High Court dismissed a Criminal Miscellaneous Writ Petition filed for quashing an FIR and seeking an order restraining arrest. The petition was withdrawn by the petitioner with the consent of the respondent.
Writ petition dismissed as withdrawn with liberty to apply for anticipatory bail/bail.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. - 17163 of 2020
Petitioner :- Virendra Agnihotri And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anjani Kumar Dubey 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 quashing the impugned First Information Report dated 22.1.2020 (Annexure no.1 to this writ petition) lodged as case crime No.509 of 2020, u/s 498-A, 323, 504, 506 I.P.C.& section 3/4 of Dowry Prohibition Act, Police Station Saurikh, District Kannauj.
ii) issue a writ order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in case crime No.509 of 2020, u/s 498-A, 323, 504, 506 I.P.C.& section 3/4 of Dowry Prohibition Act, Police Station Saurikh, District Kannauj."
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the petitioners states that the petitioners want to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for anticipatory bail/bail.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In view of the aforesaid, the writ petition is dismissed as withdrawn with liberty to the petitioners to apply for anticipatory bail/bail as permissible under law and in accordance with law.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 :- 1.2.2021 mt
Virendra Agnihotri And 3 Others
State Of U.P. And 2 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
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