Writ petition filed to quash FIR under Gangsters Act and direct cessation of arrest. Petitioner sought withdrawal subject to liberty to apply for bail; petition disposed off without expressing opinion on merits.
Writ petition disposed off with liberty to the petitioner to apply for anticipatory bail/bail.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5973 of 2021
Petitioner :- Iklakh Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Manav Chaurasia,Pramod Kumar Srivastava 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:
"(A) Issue a writ, order or direction in the nature Certiorari quashing the impugned first information report dated 6.6.2020 at case crime no.352 of 2020, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Mauaima, District Prayagraj (Annexure no.1 to the writ petition).
(B) Issue a writ, order or direction in the nature mandamus commanding/ directing the respondents not to arrest/ harass the Petitioner in case crime no.352 of 2020, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Mauaima, District Prayagraj (Annexure no.1 to the writ petition)."
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
Iklakh
State Of U P
Surya Prakash Kesarwani
Piyush Agrawal
As recorded by the court registry
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