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Neutral Citation No. - 2025:AHC:31492-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 3692 of 2025 Petitioner :- Aditya Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sandeep Kumar Rai 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 24.01.2025 giving rise to the Case Crime No. 41 of 2025 under Section- 2, 3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (in short "Gangsters Act"), Police Station- Majhola, District- Moradabad.
3. Learned counsel for the petitioner submitted that petitioner has been implicated on the basis of single case.
4. Learned AGA has opposed the submissions made by learned counsel for the petitioner.
5. 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 cognizance is taken on the police report under Section 173(2) Cr.P.C. (Now section 193(3) of B.N.S.S. 2023), the respondents are restrained from arresting the petitioners pursuant to the First Information Report, subject to cooperation in ongoing investigation. Order Date :- 5.3.2025 K.K. Maurya Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad