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2025 DAILYLAW 159118 (ALL)

NAUSHAD @ NAUSHAD KHAN v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME, LKO. AND OTHERS

CRLP/7670/2025 · 2025-09-16

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7670 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Ravindra Shukla, learned counsel for the petitioner and Sri Girjesh Kumar Dwivedi, learned AGA for the State-opposite parties no.1 to 3. 2. In view of the proposed order, notice to opposite party no.4 is hereby dispensed with. 3. Sri Shukla has filed supplementary affidavit, the same is taken on record. 4. By means of this petition, the petitioner has assailed the FIR bearing FIR/ Case Crime No.0217 of 2025, under Section 2/3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, Police Station- Jaisinghpur, District- Sultanpur. 5. Sri Girjesh Kumar Dwivedi, learned AGA, has produced copy of instructions letter dated 02.09.2025 enclosing therewith the criminal history of the present petitioner, the same is taken on record. 6. Learned AGA has also produced a copy of the order being passed by the District Magistrate, Sultanpur and the Superintendent of Police, Sultanpur in a joint meeting dated 16.06.2025 on the report of the Circle Officer and the Additional Superintendent of Police, Sultanpur, the same is also taken on record. Versus Counsel for Petitioner(s) : Ravindra Shukla Counsel for Respondent(s) : G.A. Naushad @ Naushad Khan .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Of Home, Lko. And Others .....Respondent(s) 7. The decision has been taken to impose the Gangster Act upon the petitioner on the basis of joint meeting of the aforesaid authorities on the same date and there are some criminal history of the present petitioner. If the criminal history of the petitioner has been wrongly considered or the cases, which have been referred in the gang-chart, are not so serious, that grounds and pleas may not be considered sufficient to quash the FIR but the petitioner may very well file appropriate application before the Investigating Officer while cooperating in the investigation and if after completion of the investigation, police report is filed, he may also challenge such police report before the Court concerned by filing appropriate application but we are not inclined to interfere in the impugned FIR at this stage. 8. Accordingly, the writ petition is consigned to records. September 16, 2025 RBS/- CRLP No. 7670 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench