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2025 DAILYLAW 112623 (ALL)

ANWAR v. STATE OF U.P. AND 2 OTHERS

CRLP/23738/2024 · 2025-01-27

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13734-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 23738 of 2024 Petitioner :- Anwar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ved Byas Mishra Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Sri Ved Byas Mishra, learned counsel for the petitioner and learned A.G.A. for the State-respondents. 2. The relief sought in this petition is for quashing FIR dated 01.01.2022 registered as Case Crime No.1 of 2022 u/s 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Baghauch Ghat, District-Deoria. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he has been implicated due to malicious intention. He submits that the petitioner is innocent person and allegations levelled against him is highly improbable and unbelievable, as such, the impugned FIR is liable to be quashed. 4. Per contra, learned A.G.A. vehemently opposed the prayer for quashing of the FIR, which discloses cognizable offence and submitted that the petitioner is having long criminal history of 28 cases, one of which starts way back in the year 1991. 5. Confronted with this situation, learned counsel for the petitioner submitted that instead of dismissing the petition on merits, it may be dismissed as not pressed according him leave to press for anticipatory bail/bail as permissible under law. 6. In view of aforesaid, we dismiss the writ petition is dismissed as not pressed leaving it open for the petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. Order Date :- 27.1.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad