Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 10900 of 2021 Petitioner :- Dastgeer Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Tiwari,Shyam Singh Somvanshi Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
List of fresh cases revised. No one is present for the petitioner to press this writ petition. However, learned AGA is present.
Present writ petition has been preferred for quashing the FIR dated 21.10.2021 registered as Case Crime No.220 of 2021, under Section 3(1) U.P. Gangster Act, P.S. Kalwari, District- Basti and for a direction to the respondents not to arrest the petitioner in pursuance of the aforesaid FIR.
On perusal of list of fresh cases, we find that earlier against the same case crime number, Criminal Misc. Writ Petition No.111 of 2021 (Mohammad Usaid vs State of U.P.) was filed by co-accused Mohammad Usaid which was dismissed by Co-ordinate Bench of this Court vide order dated 29.01.2021 which is quoted hereinbelow;
"Heard learned counsel for the petitioner 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 impugned F.I.R. dated 08.09.2020 in Case Crime No. 568/2020 U/S: 3(1) U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986 at Police Station-Lanka District-Varanasi.
(ii) issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 not to arrest the petitioner during the pendency of the instant writ petition before this Hon'ble Court in connection with impugned F.I.R. dated 08.09.2020 in Case Crime No. 568/2020 US: 3(1) U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986 at Police Station-Lanka District-Varanasi."
After the arguments were heard at some length, learned counsel for the petitioner states that the petitioner wants to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for bail.
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In view of the aforesaid, the writ petition is dismissed as withdrawn with liberty to the petitioner to apply for bail.
It is made clear that we have not expressed any opinion on merits of the case of the petitioner."
We do not find any reason to take a different view in the matter. Therefore, the writ petition is also dismissed leaving it open for the petitioners to apply before the competent court for anticipatory bail/ bail as permissible under law and in accordance with law.
Order Date :- 16.12.2021 A.Kr.