Yuvraj @ Yuvraj Singh vs State Of U.P. And 2 Others
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Allahabad High Court

Yuvraj @ Yuvraj Singh vs State Of U.P. And 2 Others on 13 May, 2024

Author: Siddharth

Bench: Siddharth

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:85935-DB
 
Court No. - 46
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 9341 of 2023
 

 
Petitioner :- Yuvraj @ Yuvraj Singh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Ajay Singh,Hitesh Kumar Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Siddharth,J.
 

Hon'ble Surendra Singh-I,J.

1. Supplementary counter affidavit filed by learned AGA is taken on record.

2. Heard Sri Hitesh Kumar Mishra, learned counsel for the petitioner, learned A.G.A. for the State-respondents and perused the record.

3. The instant writ petition seeks quashing of the F.I.R. dated 28.02.2022 as Case Crime No.115 of 2023, under Sections- 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S.- Mandi Dhanaura, District- Amroha and for a further direction to the respondent authorities not to arrest the petitioner

4. The petitioner was implicated under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act on the basis of single case i.e. Case Crime No. 510 of 2022, under Section 392 and 411 IPC, P.S.- Mandi Dhanaura, District- Amroha.

5. Learned counsel for the petitioner submits that in the aforesaid case, the petitioner has been acquitted by the trial court vide judgment and order dated 19.10.2023.

6. In paragraph no.4 of the supplementary counter affidavit filed by learned AGA, it has been stated that no government appeal has been preferred against the aforesaid judgment.

7. In view of the above, the base case is subject matter of implication of the petitioner under Section 3(1) of U.P. Gangster Act, which is no more. The impugned F.I.R. dated 28.02.2022 as Case Crime No.115 of 2023, under Sections- 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S.- Mandi Dhanaura, District- Amroha is hereby quashed.

8. The writ petition is allowed.

 
Order Date :- 13.5.2024
 
Akbar
 
(Surendra Singh-I,J.)     (Siddharth,J.)