The High Court dismissed the petitioner's request for premature withdrawal with liberty to apply for bail, noting that no opinion was expressed on the merits. The petition sought quashing of an FIR under the U.P. Prevention Cow Slaughter Act.
Liberty to the petitioner to apply for anticipatory bail or bail as permissible under law.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5283 of 2021
Petitioner :- Mantey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ansar Ahmad Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for the following reliefs:
"Issue a writ order or direction in the nature of certiorari quashing the impugned FIR dated 11.06.2021 lodged at Case Crime No. 273 of 2021, under Section 3/8 U.P. Prevention Cow Slaughter Act, Police Station Bakewar, District Etawah.
(ii) Issue a writ order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner in pursuance of the impugned FIR dated 11.06.2021 lodged at Case Crime No. 273 of 2021, under Section 3/8 U.P. Prevention Cow Slaughter Act, Police Station Bakewar, District Etawah".
After the arguments were heard at some length, learned counsel for the petitioner states that the petitioner wants 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 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 :- 16.8.2021 T.S.
Mantey
State Of U.P.
Surya Prakash Kesarwani
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
