SHER MOHAMMAD @ SHERU v. STATE OF U.P. AND 3 OTHERS
CRLP/10045/2025 · 2025-05-25
Ram Manohar Narayan Mishra, Siddharth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 59013 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59013 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:89211-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 10045 of 2025 Petitioner :- Sher Mohammad @ Sheru Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Phool Chandra 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 29.04.2025 giving rise to the Case Crime No. 0146 of 2025, under Section- 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (in short "Gangsters Act"), Police Station Hasanpur, District Amroha.
3. Learned counsel for the petitioner submitted that petitioner has 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 :- 26.5.2025 Ashish/- Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad