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2025 DAILYLAW 23405 (ALL)

AMITABH PATEL v. STATE OF U.P. AND 2 OTHERS

CRLP/3785/2025 · 2025-02-26

Prashant Bilgaiyan Registrar J Criminal, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27426-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 3785 of 2025 Petitioner :- Amitabh Patel Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sheetala Prasad Pandey 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 01.01.2025 registered as Case Crime No. 01 of 2025 under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 at Police Station - Mahuli, District - Sant Kabir Nagar. 3. Learned counsel for the petitioner submitted that petitioner has been implicated in this case on account of mala fides on the basis of single case, wherein he is on bail. 4. Learned AGA has opposed the submissions made by learned counsel for the petitioner. 5. 4. 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 till the cognizance is taken on the police report under Section 193(3) B.N.S.S. by the court below, the respondents are restrained from arresting the petitioner pursuant to the First Information Report, subject to his cooperation in the ongoing investigation. Order Date :- 27.2.2025 DKS Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad