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2025 DAILYLAW 49338 (ALL)

SHAHJAD ALI ALIAS DILIP AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/8240/2025 · 2025-04-27

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64859-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 8240 of 2025 Petitioner :- Shahjad Ali Alias Dilip And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yatharth Srivastava Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Yatharth Srivastava, learned counsel for the petitioners and the learned AGA appearing for the State respondents and perused the record. 2. Present petition has been filed challenging the impugned first information report dated 1.1.2025, registered as Case Crime No. 0001 of 2025, under Section 3(1) of Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, P.S. Rajgarh, District Mirzapur. 3. Submission of the learned counsel for the petitioners is that present criminal prosecution is nothing but abuse of process of law and no offence as alleged against the petitioners is made out. No other ground is pressed by him. 4. Learned AGA appearing for the State respondents has opposed the petition. 4. We have gone through the first information report, according to which petitioner no. 1 Shahjad Ali @ Dilip is a gang leader and petitioner no. 2 Chote Lal and petitioner no. 3 Seema Harijan are active members of the gang and they are indulging by inviting the people for marriage proposal and thereafter they extract money from them by beating them or by threatening them to falsely implicate in criminal cases. The gang is operating at least in three States. Allegations so levelled clearly reflect that the same cannot be committed without forming a gang and therefore, a prima facie case is made out. Apart from that, we do not find any legal infirmity in the gang chart. As per gang chart, petitioner no. 1 has history of three criminal cases whereas petitioners no. 2 and 3 have history of two criminal cases as mentioned in the gang chart. 5. During course of arguments, this Court was informed that except the petitioners, all other gang members have already been arrested by the police 6. In such view of the matter, we do not find any good ground to quash the impugned FIR. 7. Present petition is accordingly dismissed. Order Date :- 28.4.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad