The High Court disposed of the criminal miscellaneous writ petition filed by the petitioner for quashing an FIR and arrest without expressing any opinion on the merits. Court granted liberty to apply for anticipatory bail.
Petitioner granted liberty to apply for anticipatory bail or bail as permissible under law.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5854 of 2021
Petitioner :- Chandrajeet Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiva Kant Srivastava,Pradeep Chauhan 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:
"(i) issue a writ, order or direction in the nature of CERTIORARI quashing the impugned F.I.R. dated 17.02.2021, which has been registered as Case Crime No.020 of 2021, under Sections 376, 506, 120B I.P.C., Police Station- Pawai, District- Azamgarh related to the petitioner (Annexure No.1 to this writ petition);
(ii) issue a writ, order or direction in the nature of MANDAMUS directing to the respondent authorities not to arrest and harass the petitioner in pursuance of the alleged impugned F.I.R. dated 17.02.2021, which has been registered as Case Crime No.020 of 2021, under Sections 376, 506, 120B I.P.C., Police Station- Pawai, District- Azamgarh;"
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 :- 2.8.2021 NLY
Chandrajeet Yadav
State Of U.P.
03 Others
Surya Prakash Kesarwani
Piyush Agrawal
As recorded by the court registry
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