R.K.MAHAJAN, J. - (1.) Shri Kamlesh Singh moved a writ petition praying that the Hon'ble High Court may be pleased to issue a writ in the nature of certiorari quashing the first information report dated 15-12-1995 which gave rise to crime No. 621-A, under Sections 302, 34, 120-B, IPC, P.S.George Town, District Allahabad. The prayer is further made that writ of mandamus be issued directing the respondents not to arrest the petitioner in the aforesaid crime and also to pass any suitable direction or order as the Court may deem fit and proper.
(2.) Earlier to this writ petition another writ petition was filed which was numbered as Writ Petition No. 625 of 1996 and that was not pressed. Shri G.N.Verma appearing for the petitioner made a statement that he does not want to press this writ petition. He further made a statement that the fact that writ petition No. 626 of 1996 has been withdrawn as not pressed, is not mentioned in the present writ petition.
(3.) It is a triple murder case. We do not want to comment on the merits and demerits of the case nor do we want to comment on the allegations made in the application for stay of arrest by the petitioner as they are to be finally evaluated in trial. We would have allowed the permission to withdraw the writ petition but recently Supreme Court happened to observe in State of Maharashtra v. Ishwar Piraji Kalpatri, (1996) 1 SCC 542 : (AIR 1996 SC 722). "It appears strange that when a petition had been filed in the High Court, judgment obtained and the losing party comes to the Superior Court, then in order to avoid an unfavourable order a request should be made for the withdrawal of the original proceeding in an effort to avoid an adverse decision from the Superior Court with a view to reagitate the same contentions once again before the subordinate Court. A party to the proceedings cannot be allowed at this stage at least to take a chance and if he gets the impression that he will not succeed to seek permission to withdraw the original proceeding obviously with a view to reagitate the same contentions, which have been or may be adjudicated upon by a higher Court, before the subordinate Court though in different proceedings. A practice 1ike this is liable to be strongly deprecated. This will be opposed to judicial discipline and may lead to unhealthy practices which will not be conducive. On facts of the case there is no justification for permitting the respondent to withdraw his writ petition.";