Sarvesh Kumar And 3 Others vs State Of Up And 2 Others
2024 Latest Caselaw 36832 ALL

Citation : 2024 Latest Caselaw 36832 ALL
Judgement Date : 8 November, 2024

Allahabad High Court

Sarvesh Kumar And 3 Others vs State Of Up And 2 Others on 8 November, 2024

Bench: Siddharth, Subhash Chandra Sharma





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:175809-DB
 
Court No. - 48
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 17358 of 2024
 

 
Petitioner :- Sarvesh Kumar And 3 Others
 
Respondent :- State Of Up And 2 Others
 
Counsel for Petitioner :- Anil Kumar Dwivedi,Kartikey Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Siddharth,J.

Hon'ble Subhash Chandra Sharma,J.

1. Heard learned counsel for the petitioner and learned A.G.A. for the State respondents.

2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 30.08.2024, registered as Case Crime No. 0523 of 2024 under sections- 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station- Kotwali Dehat, District - Bulandshahar and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.

3. The petitioner has been implicated in the present proceedings on account of implication in single case under the Gangsters Act.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case and the police investigation is still going on.

5. In view of the judgment of this Court passed in Criminal Misc. Writ Petition No. 7463 of 2024: Shobhit Nehra and Another Vs. State of U.P. and 2 Others, this 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 30.08.2024, registered as Case Crime No. 0523 of 2024 under sections- 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station- Kotwali Dehat, District - Bulandshahar, subject to cooperation in ongoing investigation.

Order Date :- 8.11.2024

Karan