Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:33041-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4309 of 2025 Petitioner :- Taksheer Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tahir Ali Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State-respondents and perused the material brought on the record.
2. The relief sought in this petition is for quashing of the F.I.R. dated 10.01.2025 registered as Case Crime No. 32 of 2025 under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) act, 1986, Police Statiom Khakhreru, District Fatehpur. Further prayer has been made not to arrest the petitioner in the aforesaid case.
3. After substantial arguments, learned A.G.A. has raised a preliminary objection qua the maintainability of the instant writ petition precisely on the ground that in the instant matter the Gangster proceeding has been drawn on the basis of solitary case and the petitioner was implicated under Section 395, 397 and 412 I.P.C., and the same falls under the exceptional category of Rule 22 (2) of U.P. Gangster Rules 2021, wherein, it is provided that even
on a solitary case, without submission of police report, gangster proceedings can be drawn.
4. Confronted with the said argument, learned counsel for the petitioner submits that he does not want to press the instant petition and the same may be dismissed as not pressed. However, leave may be accorded to the petitioner to move application for bail/anticipatory bail before the appropriate forum.
4. Learned A.G.A. for the State-respondents is having no objection to the same.
5. In view of the above, the writ petition stands dismissed as not pressed with the liberty as prayed for. (Prashant Kumar, J.) (Mahesh Chandra Tripathi, J.) Order Date :- 6.3.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad