Manoj Vishwakarma And 2 Others vs State Of U.P. And 3 Others
2021 Latest Caselaw 5309 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3606 of 2021
 

 
Petitioner :- Manoj Vishwakarma And 2 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Manish Dev Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

Hon'ble Ajit Singh,J.

Sri Manish Dev Singh, learned counsel for the petitioner and learned A.G.A. for the State are connected to web link.

The accused are facing investigation and apprehending their arrest pursuant to the F.I.R. registered as Case Crime No.0084of 2021 dated 30.3.2021 under Section 323 & 504 of I.P.C. and Section 3 (i) (da) of S.C. and S.T. (Prevention of Atrocities) Act at Police Station, Line Bazar, Jaunpur and by way of this writ petition, the petitioners seeks quashment of the aforesaid F.I.R. or a direction by this Court upon the respondents not to coercively deal with the petitioners during investigation.

While hearing this matter, the learned Registrar General has circulated to us the judgment of the Apex Court in Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and others, LL 2021 SC 211.

Learned counsel for the petitioners, on being conveyed by this Court that there are certain disputed questions of facts involved, seeks permission to withdraw this writ petition with liberty to file petition under Section 482 of Cr.P.C..

He is permitted to withdraw this writ petition.

It goes without saying that the judgment of the Supreme Court in Criminal Appeal No.707 of 2020 (Hitesh Verma Vs. State of Uttarakhand and Anr.) decided on 5.12.2020 may be pressed by the petitioners to contend that no offence under S.C./S.T. (Prevention of Atrocities) Act is made out.

In view of the above, this writ petition is disposed of as withdrawn.

Order Date :- 13.5.2021

DKS