Neutral Citation No. - 2025:AHC:93169-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8162 of 2025 Petitioner :- Tamil @ Kamil Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard Shri Jitendra Singh, learned counsel for the petitioners and Shri G.P. Singh, learned AGA-I for the State respondents. 2. The instant writ petition is preferred praying for the following relief: "a). issue a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 14.08.2024 in Case Crime No. 0301 of 2024, under Sections 2 (b) (i), 3(1) U.P. Anti-Social Activities Gangster and (Prevention) Act, Police Station Devgaon, District Azamgarh, in respect of petitioner. b) issue a writ, order or direction in the nature of mandamus to commanding the respondents not to arrest the petitioner in pursuance of First Information Report dated 14.08.2024 in Case Crime No. 0301 of 2024, under Section 2 (b) (i), 3(1) U.P. Gangster and Anti-Social Activities (Prevention) Act, Police Station Devgaon, District Azamgarh." 3. Learned counsel for the petitioner submits that a Coordinate Bench of this Court, vide order dated 11.11.2024 passed in Criminal Misc. Writ Petition No. 20221 of 2024 (Azad @ Ayaz vs. State of U.P. and Others), granted interim protection to a co-accused in the same Case Crime No. 0301 of 2024. He submits that the present petitioner stands on identical footing and is, therefore, also entitled to similar interim relief. 4. Shri G.P. Singh, learned AGA-I, opposed the prayer on twofold grounds. Firstly, he contends that the order dated 11.11.2024 was passed in favour of Azad @ Ayaz considering that he was implicated in only a solitary criminal case, which formed the basis for invoking the Gangsters Act. Per contra, the present petitioner has five criminal cases registered against him, which have not been satisfactorily explained. Secondly, he submits that in the absence of a satisfactory explanation for the petitioner's criminal antecedents, the writ petition is devoid of merit. 5. We have examined the record. We are not inclined to exercise our discretionary jurisdiction under Article 226 of the Constitution of India, in view of the fact that the petitioner has a long criminal history comprising five criminal cases, as detailed in the gang chart. In contrast, in the case of Azad @ Ayaz (supra), the action under the Gangsters Act was based on a solitary case. Hence, the petitioner's case is distinguishable, and a cognizable offence is made out against him. Accordingly, we are not inclined to entertain the present writ petition. However, it shall be open to the petitioner to seek appropriate relief by way of applying for bail or anticipatory bail, in accordance with law. 6. With the aforesaid observations, the writ petition stands disposed of. Order Date :- 30.5.2025 NLY (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad