Citation : 2025 Latest Caselaw 10022 ALL
Judgement Date : 1 September, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:152955-DB
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18685 of 2025
Karan Kumar And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Santosh Singh
Counsel for Respondent(s)
:
G.A.
Court No. - 47
HON'BLE SIDDHARTH, J.
HON'BLE SANTOSH RAI, J.
Heard learned counsel for the petitioners; learned A.G.A. for the State-respondents and perused the material on record.
The writ petition seeks quashing of the F.I.R. dated 12.7.2025 giving rise to Case Crime No.0225 of 2025, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station- Madhuban, District- Mau.
Regarding petitioner no.2:-
Learned counsel for the petitioners has informed that petitioner no.2 has already been arrested.
In view of the above, this writ petition is dismissed qua petitioner no.2.Regarding petitioner No.1:-
Learned counsel for the petitioners has submitted that implication of petitioner no.1 has been made under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act without any implication in any other parties under Section 2 of the Act.
With regard to the allegations made in the F.I.R., investigating officer of the police is investigating the matter.
After hearing the rival contentions, totality of facts and circumstances of this case and in view of the judgment passed by Division Bench of this Court in Criminal Misc. Writ petition No. 7463/2024 (Shobhit Nehra Vs. State of U.P.), the above noted writ petition is disposed of qua petitioner no.1 directing the investigating officer to conclude the investigation of this case within period of 90 days.
During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioner no.1 shall not be arrested.
In case of non-cooperation with the police investigation by the petitioner no.1, it shall be open for either of the respondents to file recall application of this order.
(Santosh Rai,J.) (Siddharth,J.)
September 1, 2025
Ruchi Agrahari
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