Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6293 of 2021 Petitioner :- Kundan And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nitin Kumar Counsel for Respondent :- G.A
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioners and the learned A.G.A.
This writ has been filed praying for the following reliefs:-
"i). Issue, a writ, order or direction in the nature of certiorari quashing the F.I.R. dated 28.03.2021 (Annexure No. 1 to the writ petition) as Case Crime No. 0434 of 2021, Under Sections- 147, 148,149, 323, 504, 506, 332, 353, 336 I.P.C. & 7 Cri. Law Amendment & 13 Gambler Act at Police Station- Kot. Farrukhabad District: Farrukhabad.
ii). Issue a writ order or direction in the nature of mandamus directing the respondents not to arrest the petitioners in pursuance to the impugned F.I.R. dated 28.03.2021 (Annexure No. 1 to the writ petition) as Case Crime No. 0434 of 2021, Under Sections- 147, 148,149, 323, 504, 506, 332, 353, 336 I.P.C. & 7 Cri. Law Amendment & 13 Gambler Act at Police Station- Kot. Farrukhabad District: Farrukhabad "
After the arguments were heard at some length, learned counsel for the petitioners states that the petitioners want to withdraw the writ petition 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 disposed off with liberty to the petitioner 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 :- 13.8.2021 Pkb/