VINOD KUMAR RATHOUR @ VINOD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLP/8583/2025 · 2025-09-18
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163435 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163435 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8583 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J.
HON'BLE SYED QAMAR HASAN RIZVI, J.
1. Heard Mr. Qazi Mohd. Ahmad, learned counsel for the petitioner and Mr. Girijish Dwivedi, learned A.G.A. for the State-respondents. 2. In view of the proposed order being passed, notice to the respondent No. 4 is hereby dispensed with. 3. By means of this petition, the petitioner has prayed the following relief(s):
"(i) Issue a writ, order or direction in the nature of Certiorari for quashing the first information report dated 28.03.2025 in Case Crime no. 0211/2025, under section 2(b)(i)/3 U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station-Mohammadi, District- Kheri (so far as it relates to the petitioner), as contained in Annexure No.1, to this writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.1 to 3 not to take any coercive measure against the petitioner in Case Crime no. 0211/2025, under section 3(b)(i)/3 U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station-Mohammadi, District-Kheri (so far as it relates to the petitioner), as contained in Annexure No.1, to this writ petition."
4. Learned A.G.A. has produced a copy of the proceedings/ minutes dated Versus Counsel for Petitioner(s) : Qazi Mohd.Ahmad Counsel for Respondent(s) : G.A. Vinod Kumar Rathour @ Vinod .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s)
21.03.2025 showing the joint meeting of District Magistrate, Lakhimpur Kheri and Superintendent of Police, Lakhimpur Kheri, whereby the decision has been taken to impose the Gangsters Act upon the petitioner. The aforesaid instructions/ communication dated 17.09.2025, provided by Mr. Indrajeet Singh, Inspector In-charge, Police Station- Kotwali Mohammadi, District- Lakhimpur Kheri, is taken on record. 5. Since the impugned F.I.R. has been lodged on the basis of joint meeting of the aforesaid authorities, we do not find it appropriate to quash the impugned F.I.R. However, it is always open for the petitioner to take appropriate remedy before the competent authority/ court of law. 6. With the aforesaid observation, the writ petition is consigned to records.
September 18, 2025 (Manoj K.) CRLP No. 8583 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench