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2025 DAILYLAW 11680 (ALL)

NIKHIL SHARMA @ NIKHIL KAPIL v. STATE OF U.P. AND ANOTHER

CRLP/1469/2025 · 2025-03-05

Mahesh Chandra Tripathi, Prashant Kumar

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:32481-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 1469 of 2025 Petitioner :- Nikhil Sharma @ Nikhil Kapil Respondent :- State of U.P. and Another Counsel for Petitioner :- S.M.Faraz I. Kazmi Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and learned AGA for the State respondents. 2. The instant writ petition has been filed seeking quashing of FIR dated 28.12.2024 registered as case crime no.755 of 2024, under section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Sadar Bazar, District Saharanpur. 3. Learned counsel for the petitioner states that the petitioner has been implicated in the present case on the basis of confessional statements of the co-accused. He further submits that the gang chart has been recommended and approved against the petitioner without convening joint meeting, which is in utter violation of Section 5(3)(a), 16 and 17 of U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021. 4. Per contra, learned AGA has placed entire record along with the dozier and states that while submitting the charge sheet the recovery memo was also attached. Later on, the same has also been placed through Nodel Officer to the concerned Superintendent of Police, which was approved in the joint meeting, hence, there is no violation of Section 5(3)(a), 16 and 17 of U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021. Moreover, the petitioner is habitual offender having criminal history of six cases, except this case, and perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report. 5. Considering the factual situation, we are not inclined to interfere in this matter as the cognizable offence is made out against the petitioner. 6. Accordingly, the instant writ petition is dismissed. Order Date :- 6.3.2025 S.P. (Prashant Kumar, J.) (M. C. Tripathi, J.) Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad