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Neutral Citation No. - 2025:AHC:129344-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 15959 of 2025 Petitioner :- Santosh Sahu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akash Gupta,Arpit Agarwal Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. This writ petition has been filed with the prayer to quash the First Information Report dated 08.07.2025 registered as Case Crime No. 729 of 2025, under Section- 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station- Baradari, District- Bareilly.
3. The applicant was implicated initially in three cases and acquitted in (i) Case Crime No.1650 of 2007, under Sections 307/34, 447 and 506(2) of Indian Panel Code and Sections 2/3 of Gangster Act, P.S. Prem Nagar, District Bareilly & (ii) Case Crime No.1824 of 2007, under Sections 148, 307/149, 504 and 506 of Indian Penal Code, P.S. Baradari, District Bareilly.
4. The learned counsel for the petitioner submits that the implication of petitioner under 2/3 Gangster Act is not justified on account of implication in single case under Section 323 I.P.C. and in other two cases, the accused has been acquitted. He has relied upon judgment of Apex Court in the case of Lal Mohd and another Vs. State of U.P. and others 2025 SCC Online 1366.
5. In view of the above, the impugned F.I.R. is hereby quashed and the writ petition is allowed. Order Date :- 1.8.2025 Shivangi (Avnish Saxena, J.) (Siddharth, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad