Petitioner withdrew the writ petition for quashing an FIR and avoiding arrest, permitting an anticipatory bail application. Court dismissed the petition as not pressed without pronouncing on merits.
Writ petition dismissed as not pressed; liberty to contest the Anticipatory Bail application.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 6305 of 2021
Petitioner :- S.P. Chaubey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suresh Chandra Dwivedi,Sheikh Moazzam Inam Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioner and Sri S.A.Murtaza, 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. registered as Case Crime No. 544 of 2020, under Sections 407, 419, 420, 467, 468, 471 I.P.C., Police Station-Bhelupur, District-Varanasi(Annexure No. 6 to this writ petition).
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner in pursuance of the impugned First Information Report."
At the very outset, Sri Murtaza, learned A.G.A. raised an objection that the petitioner has already preferred Crl. Misc. Anticipatory Bail Application No. 11799 of 2021 and the same is pending consideration. Without disclosing the said fact, the present writ petition has been preferred as such the same is liable to be dismissed on the ground of concealment of material fact. Moreso, bare perusal of the impugned first information report prima facie reveals commission of cognizable offence.
Confronted with this situation, Sri Dwivedi, learned counsel for the petitioner fairly states that he does not want to press the present writ petition. However, the leave may be accorded to press the aforementioned Anticipatory Bail Application.
Learned A.G.A. has no objection to the aforesaid request of the petitioner.
In view of the aforesaid, the writ petition is dismissed as not pressed with liberty to the petitioner to contest the Anticipatory Bail.
It is made clear that we have not expressed any opinion on merits of the case of the petitioner.
Order Date :- 25.8.2021
A.K.Srivastava
S.P. Chaubey
State Of U.P.
Mahesh Chandra Tripathi
Ram Krishna Gautam
As recorded by the court registry
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