SHADAB ANWAR ALIAS SHADAB ANWAR LARI v. STATE OF U.P. THRU. PRIN. SECY. HOME, LUCKNOW AND OTHERS
CRLP/9371/2023 · 2025-05-08
Brij Raj Singh, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169558 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169558 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27163-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9371 of 2023 Petitioner :- Shadab Anwar Alias Shadab Anwar Lari Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lucknow And Others Counsel for Petitioner :- Manish Singh Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the material available on record. 2. This petition has been filed by the petitioner seeking following main reliefs:-
"(i) Issue a Writ, order or direction in the nature of Certiorari quashing the F.I.R. No. 0667 of 2023 dated 11.11.2023, under Section 2/3 of The Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, lodged in Police Station Gangaghat, District Unnao against petitioner by the respondent no.4, Raj Kumar, Inspector, Gangaghat Police Station, Gangaghat, Tehsil and District Unnao; (ii) Issue a Writ, order or direction in the nature of Certiorari quashing the Gang Chart No. 671 dated 10.11.2023 under Section 2/3 of The Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986; (iii) Issue a Writ, order or direction in the nature of Mandamus commanding the respondent no.3 and 4 not to arrest the petitioner during investigation in the F.I.R. No. 0667 dated 11.11.2023 under Section 2/3 of The Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 lodged in Police Station Gangaghat, District Unnao."
3. Learned counsel for the petitioner submits that approval of the gang chart is on separate page, even the District Magistrate and Superintendent of Police have not put any date under their signatures. He further submits that it is also not clear as to why the approval is granted on separate page by the authorities. 4. From perusal of the gang chart, it is apparent that gang chart ended on Page No.60 and there is sufficient space below the same for providing approval. However, a separate page with regard to the approval is annexed thereafter. There is no reason as to why approval would be granted on the separate page when
there was sufficient space on the last page of the gang chart. Therefore, this Court is not satisfied that the gang chart was approved after perusing the same by the appropriate authorities and relevant documents. 5.
We, accordingly, quash the impugned F.I.R., which is the basis to serve consequential proceedings of investigation and thereafter filing of charge sheet, if any, is hereby quashed. Consequently, all proceedings taken consequent to the lodging of the F.I.R. including charge sheet, if any, filed before the court below stand quashed. 6. The writ petition is, accordingly, allowed with liberty to the respondent authorities that in case if they so desired, take fresh action in accordance with law. 7. Learned A.G.A. shall communicate this order to the concerned authorities. (Brij Raj Singh, J.) (Vivek Chaudhary, J.) Order Date :- 8.5.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench