The High Court dismissed the criminal miscellaneous writ petition filed by Taufiq and others as withdrawn by the petitioners, who sought to challenge criminal proceedings under Section 482 Cr.P.C.
Writ petition dismissed as withdrawn; liberty to challenge criminal proceedings under Section 482 Cr.P.C.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 536 of 2021
Petitioner :- Taufiq And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gulrez Khan,Javed Husain Khan,Sr. Advocate
Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Sri Wazahad Hussain Khan, learned Senior Counsel assisted by Sri J.H. Khan, learned counsel for the petitioner, fairly states that a charge sheet has been filed pursuant to first information report dated 21.12.2019 registered as Case Crime No.0226 of 2019 under Section 379 I.P.C. & Section 4/21 of Mines and Minerals (Regulation & Development) Act, 1957 and Section 3/5 of Prevention of Damage to Public Property Act, 1984, P.S.Naraini, District-Banda. He, therefore, states that under these circumstances, the petitioner wants to withdraw the writ petition with liberty to challenge the criminal proceedings in an application under Section 482 Cr.P.C.
Learned A.G.A. has no objection to the aforesaid request.
In view of the aforesaid and without expressing any opinion on merits of the case, this writ petition is dismissed as withdrawn leaving it open to the petitioner to avail remedy under Section 482 Cr.P.C.
(Shamim Ahmed,J.) (Surya Prakash Kesarwani,J.)
Order Date :- 5.2.2021 CS
1 issue framed by the court
Whether the Criminal Miscellaneous Writ Petition can be dismissed as withdrawn leaving the petitioner liberty to seek relief under Section 482 Cr.P.C.
1 provisions across 1 enactments
Taufiq And 2 Others
State Of U.P. And 2 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
