Writ petition filed to quash FIR and prevent arrest under U.P. Gangster Act disposed of without merits evaluation, granting liberty to apply for bail.
Petition disposed with liberty to apply for bail; no opinion expressed on merits.
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Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 4537 of 2021
Petitioner :- Hemraj Saini Respondent :- State Of U.P. And 3 Ors Counsel for Petitioner :- Santosh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.
Heard.
This writ petition has been filed praying for the following reliefs:
"Issue a writ, order or direction in the nature of certiorari quashing the F.I.R. dated 10.04.2021 being Case crime No. 0077 of 2021 under section 3(1) of U.P. Gangster Act, Police Station Rahra, District Amroha.
(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent No. 2 and 3 not to arrest the petitioners in case crime No. 0077 of 2021 under section 3(1) of U.P. Gangster Act, Police Station Rahra, District Amroha. "
Considering the facts and circumstances of the case and the allegations made in the impugned first information report, the writ petition is disposed off with liberty to the petitioner to apply for bail as permissible under law and in accordance with law.
It is made clear that we have not expressed any opinion on merits of the case of the petitioner.
Order Date :- 7.7.2021 RPD
Digitally signed by Justice Surya Digitally signed by Justice Gautam Prakash Kesarwani Chowdhary Date: 2021.07.09 12:07:49 IST Date: 2021.07.09 12:09:30 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
Hemraj Saini
State Of U.P.
Surya Prakash Kesarwani
Gautam Chowdhary
As recorded by the court registry
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