Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 9947 of 2025 Petitioner :- Azad And Another Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Saurabh Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioners and learned AGA for State respondents. 2. Present writ petition has been preferred to quash the FIR dated 07.04.2025 being Case Crime No.216 of 2025 under Section 3 (1) and 2 (b), 17 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Barhalganj, Distt. Gorakhpur and for a direction to respondents not to arrest the petitioner pursuant to impugned FIR. 3. This much is averred that the petitioners have been falsely implicated in the present case and no offence under the aforesaid Section is made out against them. They have good reputation in the society. The petitioners are not a member or leader or organiser of a group which indulges in the kind of activities set out under the various sub-clauses of clause (b) of Section 2, by use of violence or threat or show of violence or intimidation etc. Ref : Ashok Kumar Dixit vs. State of U.P. 1987 (34) ACC 164. It is further averred that the use of word "activities"in a criminal proceeding cannot indicate that a single act of anti-social activity can turn a person into a gangster. There have to be at-least two acts and the commission of those act by the accused has to be established beyond reasonable doubt according rules of evidence as applicable to criminal trial. Ref: State of U.P. vs. Phool Mia 1998 (1) JIC 792 (All). It is averred that as per gang chart, there is only one criminal case registered against the petitioners in which they have already been granted bail by the trial court and as such the impugned FIR is liable to be quashed. Learned counsel for the petitioners, in support of his submissions, has also placed reliance on the order dated 30.04.2025 in Criminal Misc. Writ Petition No.7919 of 2025 (Sonu v. State of U.P. & Ors.) by which the co- accused has been accorded interim protection and as such it is submitted that being on similar footing the petitioners are also entitled for similar indulgence. 4. Per contra, learned A.G.A. has vehemently opposed the writ petition and submitted that from bare perusal of the FIR cognizable offence is made out against the petitioner and the authorities had rightly invoked the provisions of Gangster Act. He states that the first petitioner has eight criminal cases to his credit and the second petitioner has five criminal cases. They have not divulged the criminal antecedents and as such the writ petition is liable to be dismissed on the ground of concealment of fact. It is also submitted that case of the co-accused relied by learned counsel for the petitioners is distinguishable as only solitary case was registered against him, whereas in the instant matter the petitioners are implicated in several cases. 5. Considering the facts and circumstances of the case, we find that correctness or otherwise of the F.I.R. allegation need not be examined by us, at this stage, inasmuch as all these issues can be determined at the stage of investigation/trial. Since the First Information Report, prima facie, discloses commissioning of cognizable offence, the prayer made to quash the First Information Report is, therefore, declined in view of the law laid down by the Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others 1992 Supp.(1) SCC 335; Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others, (2021) SCC Online SC 315, as also in latest judgment in Criminal Appeal No.843 of 2024 arising out of Special Leave Petition (Crl.) No.10913 of 2023 (Directorate of Enforcement vs. Niraj Tyagi and others) connected with Criminal Appeal No.844 of 2024. 6. The writ petition is dismissed accordingly. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 17.5.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad