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2025 DAILYLAW 26118 (ALL)

DWARIKA PRASAD JHA v. STATE OF U.P. AND 3 OTHERS

CRLP/4262/2025 · 2025-03-11

Prashant Bilgaiyan Registrar J Criminal, Siddharth

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:36456-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 4262 of 2025 Petitioner :- Dwarika Prasad Jha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijit Saxena Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J. Heard learned counsel for the petitioner and learned A.G.A for the State. The writ petition seeks quashing of the F.I.R. dated 05.12.2024 giving rise to the Case Crime No.1181 of 2024, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Kotwali Lalitpur, District- Lalitpur. Learned counsel for the petitioner submits that gang chart has been approved in violation of Rule 5(3)(a) of U.P. Gangster and Anti Social Activities (Prevention) Act. Learned A.G.A. has vehemently opposed the writ petition and submitted that from bare perusal of the FIR cognizable offence is made out against the petitioner and the authorities had rightly invoked the provisions of Gangsters Act, but could not dispute the aforesaid facts on record. No useful purpose would be served by keeping this writ petition pending by calling of counter affidavit from state-respondents since no disputed facts are required to be adjudicated by this court. The impugned FIR is quashed. The writ petition is allowed. It shall be open for the authorities concerned to initiate fresh proceedings against the petitioner, if required, in accordance with law, without repeating the mistake in dispute. Order Date :- 12.3.2025 SS Digitally signed by :- SURENDER SINGH NARANG High Court of Judicature at Allahabad