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2025 DAILYLAW 127405 (ALL)

ARYAN BHATT @ ARYAN SHARMA v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/1965/2025 · 2025-03-07

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14046-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1965 of 2025 Petitioner :- Aryan Bhatt @ Aryan Sharma Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Sukh Deo Singh,Paritosh Shukla Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J. 1. Supplementary affidavit filed today by counsel for the petitioner is taken on record. 2. Heard learned counsel for the petitioner and learned A.G.A. for the State and perused the material available on record. 3 This petition seeks issuance of a writ, order or direction in the nature of certiorari for quashing the First Information Report dated 12.02.2025, lodged by opposite party no.4 bearing F.I.R./Case Crime No. 0019 of 2025, registered under Section 2(b)(i) and 2(B)(ii)/3 of U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, at Police Station- Ramganj, District- Amethi. 4. Learned counsel for the petitioner submits that the gang chart does not contain any proposal or approval by the appropriate authorities, including the Superintendent of Police and the District Magistrate. 5. From perusal of the Gang Chart annexed as Annexure 2, it is apparent that there is sufficient space below the same for providing approval. However, a separate page with regard to the approval is annexed thereafter. There is no reason as to why approval would be granted on the separate page when there was sufficient space on the last page of the gang chart. Therefore, this Court is not satisfied that the gang chart was approved after perusing the same by the appropriate authorities and relevant documents. 6. We, accordingly, quash the impugned F.I.R. and the writ petition is allowed with liberty to the respondent authorities that in case if they so desired, take fresh action in accordance with law. 7. Learned A.G.A. shall communicate this order to the concerned authorities. Order Date :- 7.3.2025 Pks (Brij Raj Singh, J.) (Vivek Chaudhary, J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench