Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 20590 of 2019 Petitioner :- Saloni Kesarwani @ Saloni Haider And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mukesh Joshi, Counsel for Respondent :- G.A.,Vindeshwari Prasad
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Mukesh Joshi, learned counsel for the petitioners and Sri H.M.B. Sinha, learned A.G.A. for the respondent Nos. 1 to 3.
Counsel for the petitioners after arguing the matter for some time wants to withdraw this petition, so far as it relates to petitioner No.2 with liberty to file an application under Section 438 of Cr.P.C. before the competent Court. He submits that the petitioner No.1 is willing to appear herself before the Magistrate concerned for recording her statement under Section 164 Cr.P.C. and, therefore, direction may be issued to the court below to record her 164 Cr.P.C. statement without any hindrance.
State counsel has no objection to the aforesaid submission.
In view of above, petitioners are permitted to withdraw this petition with the aforesaid liberty.
Needless to state that in the eventuality of producing petitioner No.1 before the police authorities or the concerned Magistrate, her 164 Cr.P.C. statement shall be recorded in accordance with law.
Order Date :- 26.8.2019 nethra