Mohd. Rehan v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 14546 of 2023 Petitioner :- Mohd. Rehan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pavan Kumar Counsel for Respondent :- G.A.,Ashish Pal,Rajeev Kumar Pal Connected with Case :- CRIMINAL MISC. WRIT PETITION No. - 14357 of 2023 Petitioner :- Tanu And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Kumar Yadav,Ankit Kumar Counsel for Respondent :- G.A.,Rajeev Kumar Pal Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Sri Akhilesh Kumar Yadav, learned counsel for the petitioner in the connected petition has supplied a copy of the message sent on Whatsapp, which was duly received, to learned counsel appearing for the informant to the effect that the case shall be taken up in the first call. The same is taken on record.

¶2Heard Sri Pavan Kumar, learned counsel for the petitioner in the leading petition, Sri Akhilesh Kumar Yadav, learned counsel appearing for the petitioners in the connected petition and learned A.G.A. appearing for the State respondents.

¶3Criminal Misc. Writ Petition No. 14546 of 2023 has been filed with the following prayer:- "I. Issue a writ order or direction in the nature of certiorari quashing the impugned First Information Report dated 25.8.2023 in Case Crime No. 546 of 2023 under Sections 366 IPC, Police Station Kankarkheda, District Meerut."

¶4Connected Criminal Misc. Writ Petition No. 14357 of 2023 has been filed with the following prayer:- "(a) to issue a writ, order or direction in the nature of certiorari for quashing the impugned First Information Report 25.08.2023 being Case Crime No. 546 of 2023, Under Section 366 I.P.C., Police Station-Kankarkheda, District-Meerut in the interest of justice."

¶5At the very outset, Sri Pavan Kumar, learned counsel for the petitioner in the leading petition submits that without knowledge of the fact the petitioner has already filed a writ petition along with two other co-accused he had filed present petition, therefore, he may be permitted to withdraw Criminal Misc. Writ Petition No. 14546 of 2023.

¶6Sri Akhilesh Kumar Yadav, learned counsel appearing for the petitioners in the connected petition submits that in view of the fact that the petitioner no.3-Rehan in the present petition subsequently filed another petition, therefore, he may be permitted to withdraw Criminal Misc. Writ Petition No. 14357 of 2023.

¶7Prayers aforesaid are allowed.

¶8Accordingly, both petitions stand dismissed as withdrawn. Order Date :- 19.10.2023 Lalit Shukla High Court of Judicature at Allahabad