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2025 DAILYLAW 10916 (ALL)

BALRAM GUPTA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/1504/2025 · 2025-01-24

Nalin Kumar Srivastava, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12565-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 1504 of 2025 Petitioner :- Balram Gupta And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhinav Tripathi,Shailesh Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the petitioners, learned AGA for the State- respondents and pursed the record. 2. The writ petition has been filed praying for quashing the First Information Report dated 31.10.2024, registered as Case Crime No.0203 of 2024, under Sections-3(1) of U.P. Gangster and Anti-Social Activities (Prevention), Act, 1986, Police Station Padari, District Mirzapur. 3. The petitioners have been implicated in this case under Sections-3(1) of U.P. Gangster and Anti-Social Activities (Prevention), Act, 1986, in the basis of implication of single base case. 4. Counsel for the petitioner submits that petitioners are on bail in both the base cases and their implication in this case have been made on account of ulterior motive. 5. Learned A.G.A has opposed the submissions made by learned counsel for the petitioners. 6. For the reasons given in the order dated 10.7.2024 passed in Criminal Misc. Writ Petition No.7463 of 2024, this writ petition is disposed of directing that till submission of police report under Section 173(2) Cr.P.C./193(3)BNSS, the respondents are restrained from arresting the petitioners pursuant to the impugned First Information Report, subject to cooperation in ongoing investigation. Order Date :- 24.1.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad