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Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 2595 of 2025 Petitioner :- Yogendra Kumar @ Rajan Chaudhary Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prateek Srivastava, Rajesh Kumar Pal Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J.
1. Heard learned counsel for the petitioner and learned A.G.A for the State.
2. The writ petition seeks quashing of the F.I.R. dated 01.1.2025 registered as Case Crime No.0001 of 2025 under Sections - 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 at Police Station - Bisrakh, Commissionerate Gautambuddha Nagar.
3. Learned counsel for the petitioner submits that petitioner has been implicated in this case on the basis of single base case which was of civil nature. He was only a marginal witness of the sale deed in dispute of the base case.
4. Learned AGA has opposed the submissions made by learned counsel for the petitioner.
5. 4. For the reasons given in the judgment of this Court dated 10.07.2024 passed in Criminal Misc. Writ petition No. 7463 of 2024 (Shobit Nehra And Another Vs. State of U.P. and 2 Others) the writ petition is disposed of with the direction that that till submission of police report under Section 173(2) Cr.P.C., (Now 193 (3) of B.N.S.S.), the respondents are restrained from arresting the petitioner pursuant to the First Information Report, subject to his cooperation in the ongoing investigation. Order Date :- 20.2.2025 DKS Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad