Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 29167 (ALL)

ASHHAD AND ANOTHER v. STATE OF UP AND 3 OTHERS

CRLP/4688/2025 · 2025-03-20

Nalin Kumar Srivastava, Siddharth

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:41390-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 4688 of 2025 Petitioner :- Ashhad And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Mohammad Danish,Shariq Shamim Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Nalin Kumar Srivastava,J. 1. Supplementary-affidavit filed today is taken on record. 2. Heard learned counsel for the petitioner and learned A.G.A for the State. 3. The writ petition seeks quashing of the F.I.R. dated 26.02.2025 giving rise to the Case Crime No. 0079 of 2025, under Section-3(1) and 2(b)(i) of U.P. Gangsters and Anti- Social Activities (Prevention) Act, 1986 (in short "Gangsters Act"), Police Station-Jiyanpur, District- Azamgarh. 4. Learned counsel for the petitioner submitted that petitioners have been implicated in this case on the basis of single base case, in the gang chart wherein he is on bail. Police has implicated him in this case on account of ulterior motives. 5. Learned AGA has opposed the reliefs sought in the writ petition and has tried to justify implication of petitioners by police in this case. 6. Under the facts and circumstances of this case and 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 that till submission of police report under Section 173(2) Cr.P.C.,the respondents are restrained from arresting the petitioners pursuant to the First Information Report, subject to cooperation in ongoing investigation. Order Date :- 21.3.2025 Abhishek Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad