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2025 DAILYLAW 156934 (ALL)

RITIK PANDEY @ PUSHPANKAR PANDEY v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME U.P. LKO. AND 2 OTHERS

CRLP/7289/2025 · 2025-08-20

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48690-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7289 of 2025 Petitioner :- Ritik Pandey @ Pushpankar Pandey Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And 2 Others Counsel for Petitioner :- Dilip Mani,Devam Shukla Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Shri Dilip Mani, learned counsel for petitioner, Shri G.D. Bhatt, learned A.G.A. for the State and perused the material available on record. 2. Shri G.D. Bhatt, learned A.G.A. for the State has produced written instructions, which is taken on record. 3. By means of the present writ petition, the petitioner has sought following reliefs:- (i) issue a writ order or direction in the nature of Certiorari to quash the first information report dated 31.05.2025 in Case Crime No. 109 of 2025, under Section 2 and 3 of the Uttar Pradesh Gangster & Anti-social Activities (Prevention) Act, 1986, Police Station Maheshganj, District Pratapgarh. (ii) issue a writ order or direction in the nature of mandamus directing the respondents not to arrest the petitioner on the basis of first information report dated 31.05.2025 in Case Crime No. 109 of 2025, under Section 2 and 3 of the Uttar Pradesh Gangster & Anti-social Activities (Prevention) Act, 1986, Police Station Maheshganj, District Pratapgarh." 4. Shri G.D. Bhatt, learned A.G.A. for the State on the basis of instructions submits that the Gangster Act has been imposed against the petitioner on two cases (i) bearing Case Crime No. 77 of 2023, under Sections 379, 411, 413 IPC, Police Station Maheshganj, District Pratapgarh, charge sheet no. 94/23 & 94- A/23 dated 06.08.2023 and 22.09.2024 filed before the court concerned on 2.9.2023 and 25.02.2025 and (ii) Case Crime No. 76/23, under Sections 457, 380, 411 and 413 IPC, Police Station Maheshganj, District Pratapgarh, charge sheet no. 103/23 & 103-A/24, dated 29.8.2023 & 22.09.2024 filed before the court concerned on 2.9.2023 and 25.02.2025. 5. Shri G.D. Bhatt, learned A.G.A. for the State has also shown the order of learned District Magistrate and Superintendent of Police showing that in the joint meeting of both the officers, the appropriate orders has been passed. Shri Bhatt has therefore submitted that there is no infirmity or illegality in the impugned FIR, as such, the present writ petition may be dismissed. 6. Learned counsel for petitioner has initially tried to defend but later on has requested that the petitioner may be permitted to not press this writ petition to avail alternative remedy before the appropriate court of law. 7. Accordingly, the writ petition is dismissed being withdrawn with the aforesaid liberty. . (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan, J.) Order Date :- 20.8.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench