RAVI TIWARI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO AND 4 OTHERS
CRLP/1990/2025 · 2025-03-19
Brij Raj Singh, Vivek Chaudhary
body2025
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[ 2025 DAILYLAW 127741 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127741 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:15977-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1990 of 2025 Petitioner :- Ravi Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And 4 Others Counsel for Petitioner :- Aditya Tiwari Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary, J. Hon'ble Brij Raj Singh, J.
1. By means of this writ petition, the petitioner has sought quashing of the First Information Report dated 16.02.2025 bearing No.39 of 2025, under Sections 2(b)(i), 2(b)(xi) and 3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Musafirkhana, District Amethi. 2. Submission of Sri Aditya Tiwari, learned counsel for the petitioner is that petitioner has been falsely implicated in all the three cases shown in the gang chart and they are related to the same incident. He further submits that all the three cases are pertaining to a private dispute and in some cases, he has not been named in the FIR. Learned counsel for the petitioner by relying upon Rule 8 of the U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021 has submitted that without ascertaining the latest status of the cases shown in the gang chart, provisions of the Gangsters Act have been imposed against the petitioner. He further submits that petitioner is a LL.B. student and he was granted bail in all the three cases. 3. We have heard learned counsel for the petitioner, learned A.G.A. for the State-opposite parties and perused the record. 4. In the gang chart three cases are mentioned against the petitioner i.e. Case Crime No.61 of 20024, under Sections 386, 504, 506, 507 and 120-B IPC and Section 3, 5, 25 and 27 of
Arms Act, Police Station Musafirkhana, District Amethi, in which charge sheet has been filed against the petitioner on 22.03.2024 and the court concerned has also taken cognizance on 26.06.2024.
In the second case i.e. Case Crime No.291 of 2023, under Sections 323, 504, 506, 325 and 308 IPC and Section 3(1) (Da)(Dha) and 3(2)(5)(a) SC/ST Act, Police Station Jamo, District Amethi, charge sheet has been filed against the petitioner on 24.10.2023 and the concerned court has also taken cognizance on 15.12.2023, likewise in the third case i.e. Case Crime No.161 of 2023, under Sections 323, 504 and 506 IPC, Police Station Musafirkhana, District Amethi, charge sheet has been filed against the petitioner on 09.11.2023 and the court concerned has also taken cognizance on
29.04.2024. The gang chart further indicates that there is application of mind and all the incidents of the three cases have been described in detail and thereafter the Gangsters Act has been imposed against the petitioner. 5. So far the argument of compliance of Rule 8 of the U.P. Gangster and Anti-Social Activities (Prevention) Rules, 2021 is concerned, after going through the gang chart, we see that authorities have discussed the three offences mentioned against the petitioner in detail and thereafter the Gangster Act has been imposed upon the petitioner by recording their satisfaction. A bare perusal of FIR discloses the offence, which can not be quashed. In view of the aforesaid, we find no substance in the argument of learned counsel for the petitioner. 6. Writ petition is accordingly dismissed. . (Brij Raj Singh, J.) (Vivek Chaudhary, J.) Order Date :- 19.3.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench