Neutral Citation No. - 2025:AHC:26994-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 2560 of 2025 Petitioner :- Dilawar Respondent :- State of U.P. and Another Counsel for Petitioner :- Mohd. Jamshed Khan,Sushil Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. This writ petition has been filed praying for the following reliefs: "(i) Issue a writ, order or direction in the nature of certiorari, calling for the record and to quash the impugned First Information Report dated 1.1.2025 registered in Case Crime No. 02 of 2025, U/s 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act 1986, P.S. Budhana, District Muzaffar Nagar. (Annexure No.1 to this petition.) (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 not to arrest or harass the petitioner in pursuance to impugned First Information Report dated 1.1.2025 registered in Case Crime No. 02 of 2025, U/s 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act 1986, P.S. Budhana, District Muzaffar Nagar." 3. Learned counsel for the petitioner submits that the impugned FIR has been lodged on false/vexatious/mischievous allegations and no offences are made out against the petitioners. 4. Learned A.G.A., on instructions, states that the petitioner is having a long criminal history of 22 cases. Learned AGA has further opposed the prayer for quashing of the FIR, which discloses cognizable offence. 5. The correctness of the allegations would have to be tested on the basis of the materials collected during the course of investigation and therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021 and the latest judgment in Criminal Appeal No. 843 of 2024 arising out of Special Leave Petition (Crl.) No. 10913 of 2023 (Directorate of Enforcement vs. Niraj Tyagi & ors.), no case has been made out for interference with the impugned first information report. 6. Confronted with the situation, Shri Shushil Kumar Pandey, learned counsel for the petitioner submits that he does not want to press the writ petition and the same may be dismissed as not pressed but leave may be accorded to press the bail. 7. The writ petition is dismissed as not pressed leaving it open for the petitioner to apply before the competent court for bail/ anticipatory bail in accordance with law. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 27.2.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad