The petitioner sought to withdraw the criminal miscellaneous writ petition with liberty to apply for anticipatory bail or bail. The court had no objection and disposed of the petition accordingly without expressing an opinion on the merits.
Writ petition disposed of with liberty to the petitioner to apply for anticipatory bail or bail.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5942 of 2021
Petitioner :- Bhajan Lal Respondent :- State Of U.P.And 2 Others Counsel for Petitioner :- Girja Shanker Sen,Krishna Dutt Awasthi
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 for quashing the impugned F.I.R. dated 10.03.2021, in case crime No.48/2021, under Sections 420, 467, 468, 471 I.P.C. & 13 Gambler Act at Police Station - Aliganj, District - Bareilly.
b) issue a writ, order or direction in the nature of mandamus commanding the respondents to not to arrest the petitioner in case crime No.48/2021, under Sections 420, 467, 468, 471 I.P.C. & 13 Gambler Act at Police Station - Aliganj, District - Bareilly."
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 :- 5.8.2021/vkg
2 issues framed by the court
Whether to grant liberty to the petitioner to apply for anticipatory bail or bail.
How to dispose of the writ petition without expressing an opinion on the merits of the case.
2 provisions across 2 enactments
Bhajan Lal
State Of U.P.
2 Others
Surya Prakash Kesarwani
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
