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2025 DAILYLAW 13260 (ALL)

JOSHI KUMAR v. STATE OF U.P. AND 2 OTHERS

CRLP/2122/2025 · 2025-02-27

Prashant Bilgaiyan Registrar J Criminal, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28330-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 2122 of 2025 Petitioner :- Joshi Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mrityunjay Dwivedi Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J. Heard learned counsel for the petitioner; learned A.G.A for the State and perused the material on record. The present writ petition has been preferred for quashing the FIR dated 25.12.2024 registered as Case Crime No. 706 of 2024, under Sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station- Dibai, District- Bulandshahar, against the petitioner only and for a direction to respondents not to arrest the petitioner pursuant to aforesaid FIR. Learned counsel for the petitioner submits that petitioner has been falsely implicated regarding the alleged offences. Learned AGA has opposed the prayer for quashing the FIR in view of the seriousness of the allegations made against the petitioner. After hearing rival contentions, this Court finds that it is not a fit case for quashing the FIR. This writ petition is, accordingly, dismissed. However, on the request of learned counsel for the petitioner, it is directed that in case petitioner appears before the court below within 60 days from today and applies for regular bail, the same shall be considered as per judgement and order of Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC). For a period of 60 days, the petitioner shall not be arrested in the aforesaid case, if not already arrested. However, in case, the petitioner does not appears before the court below within the aforesaid period, coercive action shall be taken against him. It is made clear that the petitioner will not be granted any further time by this Court for surrendering before the court below as directed above. Order Date :- 28.2.2025 Ruchi Agrahari (Praveen Kumar Giri,J.) (Siddharth, J.) Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad