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2025 DAILYLAW 120970 (ALL)

Vashim v. STATE OF U.P. THRU. SECY. HOME DEPTT., LUCKNOW AND 3 OTHERS

CRLP/836/2025 · 2025-01-30

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6413-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 836 of 2025 Petitioner :- Vashim Respondent :- State Of U.P. Thru. Secy. Home Deptt., Lucknow And 3 Others Counsel for Petitioner :- Devendra Pratap,Saad Husain,Shashank Shekhar Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioner and learned A.G.A., who appears for State-respondents. 2. This Writ Petition has been filed with the following prayers: "(1) issue a writ order or direction in the nature of Certiorari to quash the impugned Report dated 01.01.2025, lodged by Opposite parties No. 4 at Police station- Sandila, District Hardoi, registered in case Crime No. 0001/2025, U/S- 2/3 U.P Gangsters and Anti-Social Activities (Prevention) Act 1986, annexed in Annexure No. 1 during the pendency of this petition. (ii) Issue a writ, order, or direction In the nature mandamus commanding and directing the opposite parties no. 2 and 3 not to arrest the Petitioner in connection with F.I.R. dated 01.01.2025, lodged by Opposite parties No. 4 at Police Station-Sandila, District Hardoi, registered in case Crime No. 0001/2025, U/S- 2/3 U.P Gangsters and Anti-Social Activities (Prevention) Act 1986. Contained in Annexure No. 1." 3. Learned counsel for the petitioner says that there is violation of Rule 5(3) (a) and Rule 16 & 17 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 and the Rules framed thereunder. 4. We have noticed from the pleading on record that there is no specific averment regarding violation of Rule 5(3) (a) and Rule 16 & 17 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. 5. Learned counsel for the petitioner says the writ petition be dismissed as withdrawn with liberty to the petitioner to make specific averment. 6. The writ petition is dismissed with liberty to the petitioner to file afresh. Order Date :- 30.1.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench