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2025 DAILYLAW 162785 (ALL)

UDAY KESHARWANI @ UDAY KUMAR v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND OTHERS

CRLP/8314/2025 · 2025-09-25

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. - 8314 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Shri Sachin Tiwari, learned counsel for the petitioner and Shri Shani Pratap Singh, learned Additional Government Advocate for the State- respondents and perused the record. 2. In view of the order proposed to be passed, the notice to opposite party No.4 is hereby dispensed with. 3. By means of this writ petition, the petitioner has prayed for following reliefs:- "(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 26.08.2025 bearing FIR/ Case Crime No.0165 of 2025, under Sections 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station-Hathigawan, District-Pratapgarh, so far as it relates to the present petitioner, as contained in Annexure No.1 to the writ petition. (ii) to issue a writ, order or direction in the nature of mandamus directing the opposite parties not to arrest the petitioner in pursuance of the impugned First Information Report dated 26.08.2025 bearing FIR/ Case Crime No.0165 of 2025, under Sections 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station-Hathigawan, District-Pratapgarh, as contained in Annexure No.1 to the writ petition." 4. After arguing the matter at some length, learned counsel for the petitioner has requested that this writ petition may be disposed of giving liberty to the petitioner to file an application for anticipatory bail before the appropriate court of law and the direction may be issued her/ him to dispose of such Versus Counsel for Petitioner(s) : Sachin Tiwari Counsel for Respondent(s) : G.A. Uday Kesharwani @ Uday Kumar .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Others .....Respondent(s) application with expedition. 5. Therefore, without entering into merits of the issue and without interfering with the impugned F.I.R. and considering the innocuous request of learned counsel for the petitioner, we hereby dispose of this writ petition at the admission stage giving liberty to the petitioner to file an application for anticipatory bail before the appropriate court within a period of two weeks from today taking all pleas and grounds which are available with him, and if such application is filed by the petitioner within the aforesaid stipulated time, the same may be considered and disposed of on its own merit, strictly in accordance with law, with expedition. September25,2025 Suresh/ CRLP No. 8314 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench