Uttarakhand High Court
WPCRL/970/2008 of KHERUL AND OTHERS Vs STATE OF UTTARAKHAND AND OTHERS on 29 December 2008
of 2008 With Stay App. No. 8156/2008 Hon’ble J.C.S. Rawat, J. Mr. G.C. Lakhchaura, Advocate for the petitioners. Mr. B.S. Parihar, Brief Holder for the respondent-State. The learned counsel for the petitioners submits that it is clearly revealed from the supplementary counter affidavit
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Conclusion
Hon’ble J.C.S. Rawat, J.
Mr. G.C. Lakhchaura, Advocate for the petitioners.
Mr. B.S. Parihar, Brief Holder for the respondent-State.
The learned counsel for the petitioners submits that it is clearly revealed from the supplementary counter affidavit filed by the State that the investigation of the case has been closed and a proper entry have been made in the case diary on 20.12.2008. He further stated referring para 15 of the supplementary counter affidavit that the investigation officer during the course of investigation found no credible evidence against the petitioners and hence, the case has been closed.
In view of the above position as has been stated in the supplementary counter affidavit, the learned counsel for the petitioners seeks permission to withdraw the petition with liberty that if future circumstances warrant so, the petitioners may file a fresh petition for the same cause of action.
Permission granted.
The petition is dismissed as withdrawn with the above liberty. The stay application stands disposed of accordingly.
(J.C.S. Rawat, J.)
29.12.2008
V.K.