Allahabad High Court
Mohammad Wazid And Another vs State Of U.P. And 2 Others on 12 September, 2022
Author: Kaushal Jayendra Thaker
Bench: Kaushal Jayendra Thaker
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 12318 of 2022 Petitioner :- Mohammad Wazid And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indra Bhan Yadav,Namit Srivastava Counsel for Respondent :- G.A. Hon'ble Dr. Kaushal Jayendra Thaker,J.
Hon'ble Nalin Kumar Srivastava,J.
Mohammad Wazid and Iqbal, father and son seems to be facing investigation under Sections 420, 467, 468, 406, 471, 120-B I.P.C. There are certain disputed question of facts which we would not like to delve into in a writ petition. It appears that in the garb of procuring the admission, some Gupta seems to duped the informant, may that as it may be. There are several disputed questions of facts even as they emerge from the record into which we cannot delve into in a writ petition under Article 226 of the Constitution of India.
The petitioner has prayed for the following prayers:-
"(i) Issue, a writ, order of direction in nature of certiorari to quash the first information report dated 21.08.2022 lodged in Case Crime No. 181 of 2022, under Sections 420, 467, 468, 406, 471, 120-B I.P.C Police Station Mirzapur, District Saharanpur;
(ii) Issue, a writ, order or direction in naturre of Mandamus directing/commanding the respondent no. 2 not to arrest the petitioner pursuant to first information report dated 21.08.2022 lodged in Case Crime No. 1981 of 2022, under Sections 420, 467, 468, 406, 471, 120-B I.P.C Police Station Mirzapur, District Saharanpur;
After we shown our disinclination to entertain this writ petition Sri Namit Srivastava, learned counsel for the petitioner on instructions of his client seeks permission to withdraw this petition.
It is the right of petitioners to move to a competent Court, we are not made known whether the petitioners are handicapped and that they cannot come to Allahabad and file affidavits and whether the cousin brother of petitioner no. 1 has been authorised by petitioner to file affidavit as a Pairokar, may that as it may be. We do not go into those aspects.
This petition is permitted to be withdrawn.
Accordingly, this petition is dismissed as withdrawn.
Order Date :- 12.9.2022 PS