A mixed bench disposed of a criminal miscellaneous writ petition seeking quashing of an FIR and issuance of mandamus against arrest in a case under the U.P. Gangster Act, permitting withdrawal with liberty to apply for bail.
Writ petition disposed with liberty to apply for anticipatory bail/bail; no opinion on merits expressed.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5971 of 2021
Petitioner :- Junaid (Minor) Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shujauddin 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) to issue a writ, order or direction in the nature Certiorari quashing the impugned F.I.R. dated 6.3.2021, in Case Crime No.0147 of 2021, under Section 3(1) U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, Police Station Chandpur, District Bijnore (Annexure No.1 to this writ petition).
(ii) to issue a writ, order or direction in the nature mandamus directing the respondent No.2 not to arrest the petitioner in pursuance of F.I.R. dated 6.3.2021, in Case Crime No.0147 of 2021, under Section 3(1) U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, Police Station Chandpur, District Bijnore."
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 :- 13.8.2021 NLY
Junaid
State Of U.P.
Surya Prakash Kesarwani
Piyush Agrawal
As recorded by the court registry
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