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2025 DAILYLAW 26514 (ALL)

GULABI DEVI v. STATE OF UTTAR PRADESH AND 2 OTHERS

CRLP/4221/2025 · 2025-03-11

Prashant Bilgaiyan Registrar J Criminal, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36362-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 4221 of 2025 Petitioner :- Gulabi Devi Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Arjun Kumar Gautam,Narendra Singh 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 19.02.2025 giving rise to the Case Crime No. 72 of 2025, under Section- 2(b)(i) and 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station- Sidhari, District- Azamgarh. 3. Counsel for the petitioner submitted that petitioner has been implicated in this case on the basis of single case. She is on bail in the base case and her implication is unjustified. 4. Per contra, 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. 5. 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. 6. In view of the above, 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 directing that till cognizance is taken on police report under Section 173(2) Cr.P.C., by the court the respondents shall not arrest the petitioner pursuant to the First Information Report dated 19.02.2025, registered as Case Crime No. 72 of 2025, under Section- 2(b)(i) and 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station- Sidhari, District- Azamgarh, subject to cooperation in ongoing investigation. Order Date :- 12.3.2025 Rohit (Praveen Kumar Giri, J.) (Siddharth, J.) Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad