Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 7824 of 2021 Petitioner :- Vinay Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamla Singh,Vijay Shanker Singh 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 for the following reliefs:
"I. Issue a writ, order or direction in the nature of certiorari for quashing the impugned first information report dated 3.8.2021, which is registered in Case Crime No. 0241 of 2021 under sections 8/20 NDPS Act, Police Station Phoolpur, district Prayagraj, on the basis of the CCTV Camera, in which the police and petitioner were present in the shop till 07.41 p.m. and recovery was shown from Jhangai Mod;
II. Issue a writ, order or direction in the nature of mandamus the Hon'ble Court may please to direct any independent agency to identify the police person and petitioner, n his shop till 07.41 p.m., and take the custody of the CCTV Camera.
III. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 not to arrest the petitioner in pursuance of the impugned first information report dated 3.8.2021, which is registered in Case Crime No. 0241 of 2021 under sections 8/20 NDPS Act, Police Station Phoolpur, district Prayagraj."
Learned counsel for the petitioner states that the petitioner, in fact, wants fair investigation and, therefore, this writ petition may be dismissed as withdrawn with liberty to avail such remedy as may be available to him under law for fair investigation.
In view of the aforesaid, this writ petition is dismissed as withdrawn with liberty as prayed.
Order Date :- 20.9.2021 samz