In a criminal miscellaneous writ petition under Section 3/7 of the Essential Commodities Act, the Supreme Court dismissed the petition as withdrawn by the petitioner with liberty to apply for bail.
Writ petition dismissed as withdrawn with liberty to apply for bail.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 774 of 2021
Petitioner :- Ram Prakash Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Gupta Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner and the learned A.G.A. for the State - respondents.
This writ petition has been filed praying for the following reliefs:
"a) Issue a writ, order or direction in the nature of certiorari for quashing the First Information Report dated 16.10.2020 registered in Case Crime No.844 of 2020, under Section 3/7 of Essential Commodities Act, Police Station - Kotwali Nagar, District- Banda.
b) Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 not to arrest or harass to the petitioners in Case Crime No.844 of 2020, under Section 3/7 of Essential Commodities Act, Police Station - Kotwali Nagar, District- Banda."
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the petitioners states that the petitioners want to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for anticipatory bail/ bail.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In view of the aforesaid, the writ petition is dismissed as withdrawn with liberty to the petitioners to apply for anticipatory bail/ bail as permissible under law and in accordance with law.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 :- 28.1.2021/vkg
Ram Prakash Gupta
State Of U.P.
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
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