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2025 DAILYLAW 57926 (ALL)

AKHTAR ALAM v. STATE OF U.P. AND 5 OTHERS

CRLP/9845/2025 · 2025-05-20

Ram Manohar Narayan Mishra, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85133-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 9845 of 2025 Petitioner :- Akhtar Alam Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ashish Pandey,Bipul Pandey,Nikil Pathak Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner and learned A.G.A for the State. 2. The writ petition seeks quashing of the F.I.R. dated 06.01.2024 giving rise to the Case Crime No. 0008/2024 of 2025, under Section-3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (in short "Gangsters Act"), Police Station- Gola, District- Gorakhpur. 3. 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. 4. Learned AGA has opposed the reliefs sought in the writ petition and has tried to justify implication of petitioners by police in this case. 5. 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 :- 21.5.2025///Abhishek (Ram Manohar Narayan Mishra,J.) (Siddharth,J.) Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad