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2025 DAILYLAW 82163 (ALL)

SAKENDRA CHAUDHARI v. STATE OF U.P. AND 2 OTHERS

CRLP/16995/2025 · 2025-08-04

Avnish Saxena, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130916-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 16995 of 2025 Petitioner :- Sakendra Chaudhari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prateek Srivastava 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. The writ petition seeks quashing of the F.I.R. dated 20.07.2025 giving rise to the Case Crime No.0160 of 2025, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (in short "Gangsters Act"), Police Station-Kone, District-Sonbhadra. 3. Learned counsel for the petitioner submitted that petitioner has 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 petitioner 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 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 petitioner 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