Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 7453 of 2018 Petitioner :- (Dr.) Sunil Bihari Lal And 9 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- ,Anuj Srivastava Counsel for Respondent :- G.A.,Pramod Kumar Singh
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
Supplementary affidavit filed in Court today is taken on record.
Heard Shri G.S. Chaturvedi, learned Senior Counsel, assisted by Shri Anuj Srivastava, for the petitioners; Shri Niraj Kant Verma, learned A.G.A., for the respondents.
The instant petition has been filed for quashing the first information report dated 16.03.2018 lodged by the respondent no. 4 as Case Crime No. 309 of 2018 at Police Station-Naini, District-Allahabad under Sections 419, 420, 409 I.P.C.
It appears that there were several accused in the first information report. One of the accused, namely, Stephon Das, filed Criminal Misc. Writ Petition No. 7606 of 2018 which was dismissed by order dated 18.01.2020 after observing that there are allegations in the first information report from which it cannot be said that commission of cognizable offence is not made out. The Court thus held that the impugned first information report cannot be quashed.
Shri G.S. Chaturvedi, learned Senior Counsel, by placing reliance on the supplementary affidavit filed today, has submitted that during the course of investigation Prabhari Nirakshak of Police Station Naini, Distrcit Prayagraj has submitted an application dated 23.08.2020 before the S.S.P., Prayagraj from which it appears that the implication of all accused, except Rajendra Bihari Lal against whom chargesheet was earlier submitted, was not found justified.
Shri G.S. Chaturvedi in the light of the aforesaid letter dated 23.08.2020 prays to withdraw this petition with liberty to take recourse to appropriate legal remedy, if required.
Be that as it may, as there is prayer to withdraw this petition, the petition is dismissed as withdrawn with liberty as aforesaid.
Order Date :- 7.1.2021/SY