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2025 DAILYLAW 88796 (ALL)

KARAN KUMAR AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

CRLP/18685/2025 · 2025-08-31

Santosh Rai, Siddharth

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 18685 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J. HON'BLE SANTOSH RAI, J. Heard learned counsel for the petitioners; learned A.G.A. for the State- respondents and perused the material on record. The writ petition seeks quashing of the F.I.R. dated 12.7.2025 giving rise to Case Crime No.0225 of 2025, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station- Madhuban, District- Mau. Regarding petitioner no.2:- Learned counsel for the petitioners has informed that petitioner no.2 has already been arrested. In view of the above, this writ petition is dismissed qua petitioner no.2. Regarding petitioner No.1:- Learned counsel for the petitioners has submitted that implication of petitioner no.1 has been made under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act without any implication in any other parties under Section 2 of the 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 Versus Counsel for Petitioner(s) : Santosh Singh Counsel for Respondent(s) : G.A. Karan Kumar And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 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 qua petitioner no.1 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 no.1 shall not be arrested. In case of non-cooperation with the police investigation by the petitioner no.1, it shall be open for either of the respondents to file recall application of this order. September 1, 2025 Ruchi Agrahari CRLP No. 18685 of 2025 2 (Santosh Rai,J.) (Siddharth,J.) Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad