Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 26465 of 2018 Petitioner :- Gulbahar Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Tapan Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
The record shows that impugned F.I.R. was challenged by the petitioner in Criminal Writ Petition No. 5239 of 2018 which was finally disposed of by this Court with the direction that the petitioner shall not be arrested till the submission of police report. F.I.R. was initially lodged under Section 363 I.P.C. but during investigation Sections 366, 368, 376 I.P.C. and 3/4 POCSO Act have been added.
Learned counsel for the petitioner submitted that the petitioner's arrest under added section be also stayed.
In our opinion since the arrest of the petitioner has already been stayed in the aforesaid case crime pursuant to the order passed by this Court no fresh order is required to be passed.
At this stage, learned counsel for the petitioner made a prayer to withdraw the present petition.
The petition is accordingly dismissed as withdrawn.
Order Date :- 24.9.2018 M/A.