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2025 DAILYLAW 68782 (ALL)

SHARUKH @ SHAHRUKH v. STATE OF U.P. AND 2 OTHERS

CRLP/13448/2025 · 2025-08-07

Santosh Rai, Siddharth

body2025

Judgment text

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Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 13448 of 2025 Petitioner :- Sharukh @ Shahrukh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rahul Shukla Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Santosh Rai,J. Heard Sri Rahul Shukla, learned counsel for the petitioner and learned AGA for State-respondents. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 22.05.2025 registered as Case Crime No. 0175 of 2025, under sections- 2/3 of U.P. Gangster & Anti Social Activities Prevention Act, 1986, Police Station- Kakod, District - Bulandshahar, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. With regard to the same offence two cases have been lodged against the petitioner one is under IPC and other is related to Arms Act. With regard to the allegations made in the F.I.R., investigating officer of the police is investigating the matter. After hearing the rival contentions, totality of facts and circumstances of this case and in view of the judgment passed by Division Bench of this Court in Criminal Misc. Writ petition No. 7463/2024 (Shobhit Nehra Vs. State of U.P.), the above noted writ petition is disposed of directing the investigating officer to conclude the investigation of this case within period of 90 days. During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioner/petitioners shall not be arrested. In case of non-cooperation with the police investigation by the petitioner/petitioners, it shall be open for either of the respondents to file recall application of this order. Order Date :- 8.8.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad