Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 22395 (ALL)

DILSHER AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/3594/2025 · 2025-02-23

Prashant Bilgaiyan Registrar J Criminal, Siddharth

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:26087-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 3594 of 2025 Petitioner :- Dilsher And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Aslam Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J. 1. Supplementary Affidavit filed today is taken on record. 2. Heard learned counsel for the petitioners; learned A.G.A for the State and perused the material on record. 3. The present writ petition has been preferred for quashing the FIR dated 01.01.2025, registered as Case Crime No. 0001 of 2025. under Sections- 2/3 of UP Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Khatauli, District - Muzaffarnagar against the petitioner only and for a direction to respondents not to arrest the petitioner pursuant to aforesaid FIR. 4. Learned counsel for the petitioner submits that petitioner has been falsely implicated regarding the alleged offences. 5. Learned AGA has opposed the prayer for quashing the FIR in view of the seriousness of the allegations made against the petitioner. 6. After hearing rival contentions, this Court finds that it is not a fit case for quashing the FIR. 7. This writ petition is, accordingly, dismissed. 8. However, on the request of learned counsel for the petitioner, it is directed that in case petitioner appears before the court below within 60 days from today and applies for regular bail, the same shall be considered as per judgement and order of Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC). 9. For a period of 60 days, the petitioner shall not be arrested in the aforesaid case, if not already arrested. 10. However, in case, the petitioner does not appears before the court below within the aforesaid period, coercive action shall be taken against him. 11. It is made clear that the petitioner will not be granted any further time by this Court for surrendering before the court below as directed above. Order Date :- 24.2.2025 S.K.S. Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad