Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 3575 of 2025 Petitioner :- Jos Pullool Velil And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deepak Kumar Tripathi Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. 2. By means of the present writ petition under Article 226 of the Constitution of India, the petitioners are assailing the legality and validity of the FIR dated 23.01.2025 lodged in Case Crime No. 0069 of 2025, under Sections- 2(b)(i), 3(1) of the U.P. Gangsters and Anti-Social Activities Act, 1986, Police Station- Khalilabad, District- Sant Kabir Nagar. 3. The contention of learned counsel for the petitioners is that no offence against the petitioners are disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. Regarding Petitioner No.1 1. From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the petitioner no.1 at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under article 226 of Constitution of India. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. 2. The prayer for quashing the FIR of the aforesaid case is refused. 3. However, in view of the entirety of facts and circumstances of the case, it is directed that in case the petitioners appears before the court below within 60 days from today and applies for bail/anticipatory bail, their prayer for bail/anticipatory bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. 4. With the aforesaid directions, this petition is finally disposed of for petitioner no.1. 5. However, in case, the petitioner no.1 does not appears before the court below within the aforesaid period, coercive action shall be taken against them. 6. It is made clear that the petitioner no.1 will not be granted any further time by this Court for surrendering before the court below as directed above. Regarding Petitioner No. 2 and 3. 1. Learned counsel for the petitioners submitted that petitioner no.2 and 3 have been implicated on the basis of single case. 2. Learned AGA has opposed the submissions made by learned counsel for the petitioners. 3. 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.,the respondents are restrained from arresting the petitioner no.2 and petitioner no.3 pursuant to the First Information Report, subject to cooperation in ongoing investigation. Regarding Petitioner No.4 Learned counsel for petitioner states that the petitioner no.4 has already been arrested and sent to jail. In view of the above, the petition is dismissed regarding petitioner no.4. Order Date :- 10.3.2025 Abhishek Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad