HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20411 of 2025 Court No. - 46 HON'BLE RAJIV GUPTA, J. HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 2. The instant writ petition seeks quashing of the FIR dated 23.08.2025 giving rise to Case Crime No. 0293 of 2025, under Sections 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Kutubsher, District- Saharanpur. 3. Learned counsel for the petitioner has submitted that from the allegation made in the first information report, prima facie no offence, complained of, is disclosed against the petitioner. 4. Per contra, learned AGA has submitted that from the allegation made in the first information report and keeping in view the fact that the impugned FIR under the Gangster Act has been lodged against the petitioner on the basis of two cases shown to be registered under the N.D.P.S. Act where alleged recovery of smack is shown to be made from the petitioner, thus, prima facie offence, complained of is clearly disclosed against the petitioner and, as such, the first information report cannot be quashed in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779, Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and in a recent decision of the Hon'ble Apex Court in Criminal Appeal No. 843 of 2024, Directorate Enforcement Vs. Niraj Tyagi and others. Versus Counsel for Petitioner(s) : Rizwan Ullah Siddiqui Counsel for Respondent(s) : G.A. Smt Kaneej .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 5. Having considered the rival submissions made by learned counsel for the parties and taking into consideration the allegations made in the impugned F.I.R. and keeping in view the fact that the impugned FIR under the Gangster Act is based on two cases shown to be registered under the N.D.P.S. Act where alleged recovery of smack is shown to be made from the petitioner, as also the relevant law cited by the learned A.G.A. and the fact that impugned F.I.R. prima facie discloses cognizable offence against the petitioner and noting the submissions made by learned AGA, we are of the opinion that impugned first information report can not be quashed. 6. The prayer for quashing the impugned FIR is, therefore, refused. 7. However, in case, the petitioner files an application for anticipatory/ regular bail before the appropriate Court, his bail application be considered and disposed of as expeditiously as possible, in accordance with law. 8. With these observations, the instant writ petition is disposed of. September 11, 2025 Kushal CRLP No. 20411 of 2025 2 (Rajiv Lochan Shukla,J.) (Rajiv Gupta,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad