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2025 DAILYLAW 81536 (ALL)

GOLU @ VIKASH AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

CRLP/17006/2025 · 2025-08-04

Avnish Saxena, Siddharth

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Judgment text

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Neutral Citation No. - 2025:AHC:130926-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 17006 of 2025 Petitioner :- Golu @ Vikash And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kali Charan Yadav 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. dated09.07.2025 giving rise to the Case Crime No. 417 of 2025, under Sections-2(b)(i), 2(b)(xi) and 3(1) and of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (in short "Gangsters Act"), Police Station-Campiarganj, District- Gorakhpur. 3. Learned counsel for the petitioners submitted that petitioners have been implicated in this case on the basis of single base case, in the gang chart wherein they are on bail. Police has implicated them 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 :- 5.8.2025 MN/- (Avnish Saxena,J.) (Siddharth,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad