MOHIT @ MOHIT TIWARI v. STATE OF U.P. AND 2 OTHERS
CRLP/6296/2025 · 2025-04-06
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36150 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36150 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:49579-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6296 of 2025 Petitioner :- Mohit @ Mohit Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gaurav Singh Tomar Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State- respondents.
2. The relief sought in this petition is for quashing FIR dated 08.12.2024 registered as Case Crime No.0160 of 2024 u/s 2/3 U.P. Gangsters Act, P.S. Gohan, District- Jalaun. Further prayer has been made not to arrest the petitioner in the aforesaid case.
3. Learned counsel for the petitioner submitted that the impugned FIR under the Gangsters Act has been assailed on the ground that in the similar facts co-accused Ashish Tiwari has been accorded interim relief vide order dated 10.02.2025 in Crl. Misc. Writ Petition No.2417 of 2025 (Ashish Tiwari vs. State of U.P. and others).
4. The aforesaid relief is resisted by learned A.G.A. on the ground that the instant writ petition has been preferred with concealment of fact as it is averred in the petition that the petitioner is having criminal history of two cases but actually he is having criminal history of nine cases and some of the cases are heinous in nature. He submitted that the detail of these cases has not been divulged while filing the instant petition. In support of his submissions, he has placed reliance on order dated 03.04.2025 passed by Hon'ble Supreme Court in Special Leave to Appeal (Criminal) No.1400 of 2025 and states that in the facts and circumstances, merely on account of concealment of facts, the instant writ petition is liable to be dismissed.
5. Confronted with the aforesaid situation, learned counsel for the petitioner states that the present petition may be dismissed as not pressed.
6. The writ petition is dismissed as not pressed. Order Date :- 7.4.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad