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2025 DAILYLAW 95380 (ALL)

ALOK KUMAR SRIVASTAVA v. STATE OF U.P. AND 2 OTHERS

CRLP/20539/2025 · 2025-09-11

Santosh Rai, Siddharth

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20539 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J. HON'BLE SANTOSH RAI, 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 31.07.2025 giving rise to the Case Crime No. 0248 of 2025, under Section- 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (in short "Gangsters Act"), Police Station- Tarya Sujan, District- Kushi Nagar. 3. Counsel for the petitioner submitted that petitioner has been implicated in this case on the basis of single case. He is on bail in the base case and his implication is unjustified. 4. Per contra, learned A.G.A. has vehemently opposed the writ petition and submitted that from bare perusal of the FIR cognizable offence is made out against the petitioner and the authorities had rightly invoked the provisions of Gangsters Act, but could not dispute the aforesaid facts on record. 5. No useful purpose would be served by keeping this writ petition pending by calling of counter affidavit from state-respondents since no disputed facts are required to be adjudicated by this court. 6. In view of the above, 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 directing that till cognizance is taken on police report under Section 173(2) Cr.P.C., by the court the respondents shall not arrest the petitioner pursuant to the First Information Report dated 31.07.2025, Versus Counsel for Petitioner(s) : Ankita Pandey Counsel for Respondent(s) : G.A. Alok Kumar Srivastava .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) registered as Case Crime No. 0248 of 2025, under Section- 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (in short "Gangsters Act"), Police Station- Tarya Sujan, District- Kushi Nagar, subject to cooperation in ongoing investigation. September 12, 2025 Rohit CRLP No. 20539 of 2025 2 (Santosh Rai,J.) (Siddharth,J.) Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad