Disposed¶10

Rajesh and Another v. State of U.P. and 2 Others

Allahabad HC9 Jan 2025CRLP/231/2025

Case brief

AI extract

What is this about?

UP Gangsters Act (S. 2/3) FIR-quashing writ disposed, not quashed; interim no-arrest protection till cognizance on police report under S. 173(2) Cr.P.C.; precedent followed: Shobit Nehra, Criminal Misc. Writ Petition No. 7463 of 2024 (10.07.2024); Case Crime No. 108 of 2024, PS Ecotech-Ist, Gautam Buddha Nagar; petitioner on bail in sole prior case; investigation ongoing per A.G.A.; Allahabad HC DB, order dated 09.01.2025.

What did the court decide?

Interim protection: respondents directed not to arrest the petitioner pursuant to the FIR dated 13.12.2024 (Case Crime No. 108 of 2024) till cognizance is taken on the police report under Section 173(2) Cr.P.C., subject to cooperation in the ongoing investigation. ¶10

Rajesh and Another vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the F.I.R. dated 13.12.2024 giving rise to Case Crime No. 108 of 2024, under Section 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Ecotech-Ist, District Gautam Buddha Nagar, should be quashed.

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Court's answer

The Court did not grant quashing of the FIR; disposing of the writ petition for the reasons given in its earlier judgment dated 10.07.2024 in Criminal Misc. Writ Petition No. 7463 of 2024 (Shobit Nehra), it directed that till cognizance is taken on the police report under Section 173(2) Cr.P.C., the respondents shall not arrest the petitioner pursuant to the FIR dated 13.12.2024 (Case Crime No. 108 of 2024), subject to cooperation in the ongoing investigation.

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Detailed headnote1 paragraphs

Allahabad High Court (Division Bench: Siddharth and Subhash Chandra Sharma, JJ.; order dated 9.1.2025) disposed of a Criminal Misc. Writ Petition (No. 231 of 2025) seeking quashing of an FIR dated 13.12.2024 registered as Case Crime No. 108 of 2024 under Section 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Ecotech-Ist, District Gautam Buddha Nagar. Following its own judgment dated 10.07.2024 in Criminal Misc. Writ Petition No. 7463 of 2024 (Shobit Nehra And Another Vs. State of U.P. and 2 Others), the Court directed that till cognizance is taken on the police report under Section 173(2) Cr.P.C., the respondents shall not arrest the petitioner pursuant to the said FIR, subject to cooperation in the ongoing investigation. Counsel had submitted that the petitioner was implicated on the basis of a single case wherein he is on bail; the learned A.G.A. informed that the police investigation was continuing.

Rajesh and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Rajesh and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

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