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2025 DAILYLAW 28737 (ALL)

MUNAZIR @ SAHIL v. STATE OF U.P. AND 2 OTHERS

CRLP/4635/2025 · 2025-03-10

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4635 of 2025 Petitioner :- Munazir @ Sahil Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Sharma Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and the learned A.G.A. for the State- respondents. 2. The petitioners, by means of the instant petition filed under Article 226 of the Constitution of India has invoked the jurisdiction of this Court with prayer to quash the F.I.R. dated 24.01.2025 in Case Crime No. 0041 of 2025, under section 2/3 U.P. Gangster & Anti-Social Activities (Prevention) Act, 1986, Police Station Majhola, District Moradabad. 3. Learned counsel for the petitioner placed reliance on a similar matter, the coordinate Bench of this Court has entertained writ petition numbered as Criminal Misc. Writ Petition No. 2428 of 2025 (Mohit Saxena and another vs. State of U.P. and 2 others) and interim relief has been accorded vide order dated 10.02.2025 and he submits that similar indulgence may also be extended in the instant matter. 4. Shri G.P. Singh, learned AGA-I has resisted the relief on the ground that petitioner of the aforementioned petition was implicated in solitary case, due to the same reason, the coordinate Bench passed the order in favour of the accused- petitioner, whereas in the instant matter, petitioner is gang leader and he is habitual offender, therefore the gangster proceedings has rightly been invoked and the instant matter is distinguishable from that of co-accused in aforementioned petition, hence the instant writ petition is devoid of merit and is liable to be dismissed. 5. Considering the factual situation, we have carefully perused the gang-chart which is placed on record. While perusing the gangchart, we do not find fallacy in preparation of gangchart, accordingly, prayer for quashing the criminal proceedings initiated qua to the petitioner stands rejected. Order Date :- 11.3.2025 Bhanu (Prashant Kumar,J.) (M. C. Tripathi,J.) Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad