Petitioners filed a writ petition seeking quashing of an FIR and non-arrest directions. During arguments, the petitioners moved to withdraw the petition, which was allowed with liberty to apply for bail.
Petition dismissed as withdrawn with liberty to apply for anticipatory bail/bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 550 of 2021
Petitioner :- Devicharan And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Prakash Kushwaha 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:
"a) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 14.10.2020 registered as Case Crime No. 0557 of 2020, under Sections 498-A, 323, 504, 506, I.P.C. and 3/4 of the Dowry Prohibition Act, 1961, Police Station Kotwali Nagar, District Mahoba.
b) Issue writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners in pursuance of the impugned First Information Report dated 14.10.2020 registered as Case Crime No. 0557 of 2020, under Sections 498-A, 323, 504, 506, I.P.C. and 3/4 of the Dowry Prohibition Act, 1961, Police Station Kotwali Nagar, District Mahoba."
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the petitioners states that the petitioners want to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for anticipatory bail/bail.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In view of the aforesaid, the writ petition is dismissed as withdrawn with liberty to the petitioners to apply for anticipatory bail/bail as permissible under law and in accordance with law.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 :- 22.1.2021 T.S.
Devicharan And 4 Others
State Of U.P. And 3 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
