Sumati Dixit and 4 Others v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 17719 of 2023 Petitioner :- Sumati Dixit And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bilal Hasan,Jagdamba Raj Jaiswal Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Shri Bilal Hasan, learned counsel for the petitioners, Shri Bhaskar Srivastava, learned A.G.A for the State-respondents, Shri Krishna Kumar Singh, learned counsel appearing on behalf of the informant, whose vakalatnama filed today is taken on record, and perused the record.

¶2The relief sought in this petition is for quashing of the impugned First Information Report dated 13.10.2023, registered as Case Crime No.0244 of 2023, under Sections 363, 366 IPC, Police Station-Jahanganj, District Fatehgarh. Further prayer has been made not to arrest the petitioners in the aforesaid case.

¶3Learned counsel for the informant pointed out that the Stamp Reporter itself has reported that this is the second petition, whereas initially at the time of filing of the present petition it was mentioned in first paragraph that this is the first petition, which was subsequently corrected after report of the Stamp Reporter. He further submits that he had filed Caveat in the present case and the same was reported in the first petition, which according to learned counsel for the petitioners was never filed.

¶4Learned counsel for the petitioners prays that the present petition may be dismissed as withdrawn being second petition.

¶5Taking lenient view of the matter, learned counsel for the petitioners who is a young counsel is permitted to withdraw the present petition, although, earlier the petition was also filed by the same counsels, who have filed the present petition.

¶6In such circumstances, the present petition is dismissed as withdrawn.

¶7In case, the first petition is pressed, learned counsel for the petitioners undertakes to give notice of the same to the learned counsel for the informant. Order Date :- 22.11.2023 Anil K. Sharma High Court of Judicature at Allahabad