The writ petition under Article 226 was dismissed as withdrawn by the petitioners with liberty to apply for anticipatory bail, without any opinion expressed on the merits.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 639 of 2021
Petitioner :- Rohit Rana And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioners 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 First Information Report dated 14-09-2020 lodged by the respondent no.3, Under Section 366 I.P.C. and registered at Crime no.435 of 2020 of Police Station -Jasrana, District-Firozabad (Annexure No.1).
ii. Issue a writ , order or direction in the nature of Mandamus commanding the respondents not to arrest the Petitioners in pursuance of the First Information Report dated 14.09.2020 lodged by the respondent no-3, Under Section 366 I.P.C. and registered at Crime no.435 of 2020 of Police Station-Jasrana, District-Firozabad (Annexure No.1)."
After the arguments were heard at some length, learned counsel for the petitioners states that the petitioners want to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for anticipatory bail/ bail.
Learned A.G.A. has no objection to the aforesaid request of the petitioners.
In view of the aforesaid, the writ petition is dismissed as withdrawn with liberty to the petitioners to apply for anticipatory bail/ bail as permissible under law and in accordance with law.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 petitioners.
Order Date :- 3.2.2021
mt
Rohit Rana And 2 Others
State Of U.P. And 2 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
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