Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 68245 (ALL)

ABDUL SAMAD AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/13291/2025 · 2025-07-06

Avnish Saxena, Siddharth

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:105679-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 13291 of 2025 Petitioner :- Abdul Samad And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Irshad Ahmad Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J. Heard learned counsel for the petitioner and learned A.G.A. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 04.06.2025 registered as Case Crime No. 0158 of 2025, under Sections- 3(1) U.P. Gangsters & Anti Social Activities (Prevention) Act,1986 Police Station- Nakhasa, District- Sambhal, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report in such a fact situation. Learned counsel for the petitioners submits that impugned First Information Report has been lodged under section 3(1) U.P. Gangsters & Anti Social Activities (Prevention) Act,1986, without disclosing corresponding charging section. This court has passed the order 2.12.2023 in Criminal Misc. Writ Petition No. 18729 of 2023 and quashed the First Information Report due to this reason. Considering the aforesaid facts and circumstances , this court is of the view that the impugned F.I.R. is illegal being contrary to the provisions of Gangsters Act. It does not mentions the relevant charging section of the Act. Therefore, the impugned F.I.R.is hereby quashed.However, the respondent- authorities are free to proceed against petitioners in accordance with law. Accordingly, the petition is allowed. Order Date :- 7.7.2025 Abhishek (Avnish Saxena,J.) ( Siddharth,J.) Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad