Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 15681 of 2020 Petitioner :- Himanshu Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Kumar Tripathi 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:
"a) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 12.10.2020 in Case Crime No.0570 of 2020, under Sections 498A, 323, 354, 504, 406, IPC and Section 3/4 Dowry Prohibition Act, Police Station - New Agra, District- Agra (Annexure no.1) to this writ petition.
b) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 not to arrest the petitioners in pursuance to the impugned First Information Report dated 12.10.2020 in Case Crime No. 0570 of 2020, under Sections 498A, 323, 354, 504, 406, IPC and Section 3/4 Dowry Prohibition Act, Police Station - New Agra, District- Agra, till any credible evidence against them."
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the petitioners states that the petitioners want to withdraw the writ petition and therefore, it may be dismissed as withdrawn with liberty to apply for anticipatory bail/ bail.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In view of the aforesaid, the writ petition is dismissed as withdrawn with liberty to the petitioners to apply for anticipatory bail/ bail as permissible under law and in accordance with law.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 :- 7.1.2021/vkg