Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 4440 of 2021 Petitioner :- Pushpendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kukmar Tiwari,Sandeep Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents.
This writ petition has been filed praying for the following reliefs:-
"(i) Issue a writ order or direction in the nature certiorari quashing the impugned FIR No. 152 of 2021, under Sections 376, 323, 504 I.P.C., P.S. Pakbada, District Moradabad.
(ii) Issue a writ order or direction in the nature mandamus commanding the respondents not to arrest the petitioner in pursuance of the impugned FIR No. 152 of 2021, under Sections 376, 323, 504 I.P.C., P.S. Pakbada, District Moradabad.
After the arguments were heard at some length, learned counsel for the petitioner states that the petitioner wants 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 petitioner.
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 petitioner.
Order Date :- 27.7.2021 T.S.
Digitally signed by Justice Surya Prakash Kesarwani Date: 2021.07.28 10:21:40 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Piyush Agrawal Date: 2021.07.28 10:22:59 IST Reason: Document Owner Location: High Court of Judicature at Allahabad