Petitioner withdrew the criminal miscellaneous writ petition No. 17182 of 2020 seeking to quash an FIR and direct the authorities not to arrest. The court dismissed the petition as withdrawn with liberty to apply for bail.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 17182 of 2020
Petitioner :- Shiv Mangal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Dubey Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner 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 First Information Report dated 30.04.2016 registered as Case Crime No.135 of 2016, under Section 120-B read with Sections 405, 406, 420, 426, 467, 468 I.P.C., Police Station Kakadev, District Kanpur Nagar.
b) Issue writ, order or direction in the nature of mandamus directing the respondent no.2 not to arrest the petitioner in pursuance of the impugned First Information Report dated 30.04.2016 registered as Case Crime No.135 of 2016, under Section 120-B read with Sections 405, 406, 420, 426, 467, 468 I.P.C., Police Station Kakadev, District Kanpur Nagar."
After the arguments were heard at some length, learned counsel for the petitioner states that the petitioner wants to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for anticipatory bail/bail.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 petitioner.
In view of the aforesaid, the writ petition is dismissed as withdrawn with liberty to the petitioner to apply for anticipatory bail/bail as permissible under law and in accordance with law.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 petitioner.
Order Date :- 4.2.2021 T.S.
Shiv Mangal
State Of U.P.
2 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
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