Dharmendra Kumar vs State Of U.P. And 2 Others
2025 Latest Caselaw 7992 ALL

Allahabad High Court

Dharmendra Kumar vs State Of U.P. And 2 Others on 20 June, 2025

Author: Siddharth

Bench: Siddharth

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:98515-DB
 
Court No. - 64
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13195 of 2025
 

 
Petitioner :- Dharmendra Kumar
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Amrita Kashyap
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Siddharth,J.
 

Hon'ble Harvir Singh,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 28.5.2025 giving rise to the Case Crime No. 203 of 2025, under Section- 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (in short "Gangsters Act"), Police Station-Nebua Naurangia, District-Kushinagar.

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 of

fence 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 28.5.2025, registered as Case Crime No. 203 of 2025, under Section- 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (in short "Gangsters Act"), Police Station-Nebua Naurangia, District-Kushinagar, subject to cooperation in ongoing investigation.

Order Date :- 20.6.2025

Faridul