OMPRAKASH @ OM PRAKASH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
CRLP/1575/2025 · 2025-02-28
Brij Raj Singh, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125085 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125085 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:12175-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1575 of 2025 Petitioner :- Omprakash @ Om Prakash And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Dinesh Chandra,Surya Prakash Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for petitioners and learned A.G.A. for the State.
2. This petition seeks issuance of writ in the nature of certiorari quashing the First Information Report dated 7.2.2025 bearing Case Crime No.0024 of 2025 registered under Sections 2/3 of U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986 at Police Station Sareni, District Raebareli.
3. Learned counsel for the petitioners submits that the gang chart does not contain date on the signature of Superintendent of Police, Raebareli, which is a mandatory requirement, therefore, there is serious doubt raised on the validity of the gang chart. He further submits that no details are also provided in the gang chart.
4. Learned A.G.A. also could not dispute that the signature of Superintendent of Police does not contain date and further the gang chart is very cursory, without giving proper details.
5. In view of the above, writ petition is allowed and the First Information Report dated 7.2.2025 bearing Case Crime No.0024 of 2025 registered under Sections 2/3 of U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986 at Police Station Sareni, District Raebareli, which is based upon gang-chart, is hereby quashed. However, liberty is given to the opposite parties, in case they so desire, to proceed afresh in accordance with law. . [Brij Raj Singh,J.] [Vivek Chaudhary,J.] Order Date :- 28.2.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench