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Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 7988 of 2025 Petitioner :- Ramsewak Chauhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rituraj Singh,Vishal Jaiswal Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard learned counsel for the petitioner, learned counsel for the respondent and learned A.G.A. for the State respondents.
2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 28.03.2025, registered as Case Crime No.0124, under sections- 2(b)i and 3(1) of U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, Police Station Ahraula, District Azamgarh and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
3. On 24.04.2025 this Court passed the following interim order was passed by this Court:-
"6. Since the petitioner is 75 years of age and suffering some ailments, we provide that till the next date of listing, no coercive action shall be taken against the petitioner qua the above criminal case."
4. Learned A.G.A. has obtained instructions, where from it appears that the material against the petitioner is already on record.
4. 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 28.03.2025, registered as Case Crime No.0124, under sections- 2(b)i and 3(1) of U.P. Gangster Act and
Anti Social Activities (Prevention) Act, 1986, Police Station Ahraula, District Azamgarh, subject to cooperation in ongoing investigation.
5. In case, the petitioner does not cooperate the investigation, it shall be open for the Investigating Officer to file a recall application before this Court through learned A.G.A. Order Date :- 6.5.2025 Ashish/- Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad