Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 9399 of 2021 Petitioner :- Kapil Kumar Sharma And Others Respondent :- State of U.P. and Others Counsel for Petitioner :- Sushil Kumar Tewari,Braham Singh Counsel for Respondent :- G.A.,Bharat Garg
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners; Sri Bharat Garg, learned counsel for the complainant 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 First Information Report dated 5.9.2020 registered as Case Crime No. 1110 of 2020, under Sections 498A, 323, 504, 506, 313 IPC and 3/4 D.P.Act, Police Station- Majhola, District- Moradabad (Annexure No. 1 to this writ petition).
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest or harass the petitioners in pursuance of impugned First Information Report."
At the very outset, learned counsel for the complainant raised an objection that twice anticipatory bail application of the petitioners has been rejected by the Sessions Court.
In the facts and circumstances, once the Court has declined to quash the impugned F.I.R., learned counsel for the petitioners fairly states that he does not to press the present writ petition and the same may be dismissed as not pressed with the liberty to seek appropriate remedy as available in law.
Consequently, the writ petition stands dismissed as not pressed with the liberty to invoke the remedy as available in law.
Order Date :- 28.10.2021 A.K.Srivastava Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.10.29 10:22:14 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SUBHASH VIDYARTHI Date: 2021.10.29 10:26:30 IST Reason: Document Owner Location: High Court of Judicature at Allahabad