The petitioner moved for quashing of an FIR and non-arrest. The parties settled the matter by withdrawal of the petition with liberty to apply for bail. The court dismissed the petition without expressing an opinion on merits.
Disposal of the writ petition with liberty to apply for anticipatory bail or bail.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5244 of 2021
Petitioner :- Shanti Devi And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Anuj Prajapati Counsel for Respondent :- G.A.,Rakesh Kumar Singh,Ravendra Singh
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,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) to issue a writ, order or direction in the nature of Certiorari quashing the First Information Report dated 02.06.2021 lodged against the petitioners which has been registered as case crime no. 0213 of 2021 under Sections 457, 380 IPC at Police Station Jhunsi, District Prayagraj (annexure no. 1 to the writ petition);
b) to issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners in pursuant to F.I.R. dated 02.06.2021 which has been registered as case crime no. 0213 of 2021 under Sections 457, 380 IPC at Police Station Jhunsi, District Prayagraj, during the pendency of instant writ petition before this Hon'ble High Court. "
After the arguments were heard at some length, learned counsel for the petitioners states that the petitioners want to withdraw the writ petition 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 disposed off 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 :- 25.8.2021 Rahul Dwivedi/-
Shanti Devi And 2 Others
State Of U.P. And 3 Others
Surya Prakash Kesarwani
Piyush Agrawal
As recorded by the court registry
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