Tanu and Another v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 17612 of 2023 Petitioner :- Tanu And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepmala Asoliya,Virendra Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Sri Arvind Kumar Srivastava, holding brief of Sri Virendra Singh, learned counsel for the petitioner as well as learned AGA appearing for the State respondents and perused the record.

¶2Present petition has been filed challenging the impugned FIR dated

25.8.2023, registered as Case Crime No. 0546 of 2023, under Section 366 IPC, P.S. Kankarkheda, District Meerut.

¶3Now two new counsels have come forward to file this petition.

¶4On being confronted with the earlier order dated 19.10.2023 passed by us in Criminal Misc. Writ Petition No. 14546 of 2023 as well as connected Criminal Misc. Writ Petition No. 14357 of 2023 where both the petitions were dismissed as withdrawn without any liberty to file fresh, learned counsel for the petitioners requests that the petitioners may be permitted to withdraw the present petition, however, as the petitioner no. 1 is a pregnant lady, therefore, liberty may be granted to her to avail the remedy under the provisions of Section 437 CrPC.

¶5Prayer aforesaid is allowed.

¶6Present petition is accordingly dismissed as withdrawn with liberty aforesaid.

¶7In the facts and circumstances of the case, no cost is being imposed. Order Date :- 12.12.2023 Abhishek High Court of Judicature at Allahabad