RAM DARAS MALVIYA AND ANOTHER v. STATE OF UTTAR PRADESH AND 3 OTHERS
CRLP/15971/2025 · 2025-07-31
Avnish Saxena, Siddharth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78764 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78764 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:129609-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 15971 of 2025 Petitioner :- Ram Daras Malviya And Another Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Ankur Vishwakarma,Kapoor Chandra Vishwakarma,Tanzila Parveen Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J.
1. Heard learned counsel for the petitioners and learned A.G.A for the State.
2. The writ petition seeks quashing of the F.I.R. dated 12.05.2025 giving rise to the Case Crime No. 157 of 2025, under Section-3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (in short "Gangsters Act"), Police Station Chopan, District- Sonbhadra.
3. Learned counsel for the petitioner submitted that petitioners have 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./193 (3) B.N.S.S.,the respondents are restrained from arresting the petitioners pursuant to the First Information Report, subject to cooperation in ongoing investigation.
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