Neutral Citation No. - 2025:AHC-LKO:36987-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5763 of 2025 Petitioner :- Bhaskar Pathak Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Priyam Mishra,Dhananjay Yadav,Rohit Kumar Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. 'Vakalatnama' filed by Shri Vinit Kumar Pandey, Advocate on behalf of opposite party no.5, who is complainant in Case Crime No.76 of 2022, under Sections 394/411 I.P.C., Police Station Baghrai, District Pratapgarh, is taken on record. 2. Heard learned counsel for petitioner as well as learned A.G.A., who appears for the State/respondents, Shri Vinit Kumar Pandey, learned counsel for the opposite party no.5 and perused the record. 3. By means of this petition, the petitioner has sought quashing of F.I.R. dated 25.12.2024 bearing Case Crime No.0399 of 2024 for the offence under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station Baghrai, District Pratapgarh. 4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the impugned F.I.R. and the gang chart shows that three cases were registered against him. In two of such cases, charge sheet has been allegedly filed on 14.11.2022 and in Case Crime No.76 of 2022, the complainant, who is opposite party no.5, has given his statement on 19.03.2025 before the A.C.J.M., Kunda, Pratapgarh that he does not recognize the petitioner and he had not recognized him even during the course of test identification parade. It cannot be said that the petitioner had looted opposite party no.5. 5. Today when this case was taken up, this Court put specific query to Shri Vinit Kumar Pandey as to how he came to know about filing of this writ petition and whether he has appeared for opposing the prayer of the writ petition or to support the case of the petitioner. He says that the complainant has informed him that he had stated before the A.C.J.M. that he did not recognize the petitioner - Bhaskar Pathak as one of the persons involved in the loot of Rs.86,000/- as mentioned in the F.I.R. bearing Case Crime No.76 of 2022. 6. Having gone through the order of the A.C.J.M. dated 19.03.2025 recording evidence of P.W.-1 in Criminal Case No.28 of 2023, wherein he has made statement before the trial court out of the fear of the petitioner and has also been represented before this Court through his counsel only because of fear of the petitioner, this Court does not find any good ground to interfere in the impugned order. 7. Accordingly, writ petition is dismissed. 8. It is made clear that in observation made in this order by this Court may not affect or influence the case of the petitioner before the trial court. (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 1.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench