Disposed¶10

Surjeet Yadav @ Damru Yadav v. State of U.P. and 3 Others

Allahabad HC25 Feb 2025CRLP/3718/2025

Case brief

AI extract

What is this about?

Allahabad HC writ disposal; quashing of FIR challenged; U.P. Gangsters & Anti-Social Activities (Prevention) Act 1986 ss.2(b)(i), 3(1); Case Crime No. 88 of 2025, P.S. Khalilabad, Sant Kabir Nagar; implication on basis of single case; interim restraint on arrest till cognizance under police report; S.173(2) Cr.P.C. now S.193(3) BNSS 2023; follows Court's judgment dated 10.07.2024 in Criminal Misc. Writ Petition No. 7463 of 2024 (Shobit Nehra); petitioner Surjeet Yadav @ Damru Yadav; order dated 7.3.2025.

What did the court decide?

Interim protection: till cognizance is taken on the police report under Section 173(2) Cr.P.C. (now section 193(3) of B.N.S.S. 2023), respondents restrained from arresting the petitioner pursuant to the F.I.R., subject to cooperation in the ongoing investigation. ¶10

Surjeet Yadav @ Damru Yadav vs State of U.P. and 3 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 31.01.2025 giving rise to Case Crime No. 88 of 2025, registered under sections 2(b)(i) and 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 at Police Station Khalilabad, District Sant Kabir Nagar, should be quashed. +1 more

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Court's answer

The writ petition is disposed of for the reasons given in this Court's own judgment 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 F.I.R. itself is not quashed.

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Ratio / Principle

Till cognizance is taken on the police report under Section 173(2) Cr.P.C. (now section 193(3) of B.N.S.S. 2023), the respondents are restrained from arresting the petitioner pursuant to the First Information Report, subject to cooperation in the ongoing investigation.

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Detailed headnote1 paragraphs

Criminal Misc. Writ Petition No. 3718 of 2025 (Surjeet Yadav @ Damru Yadav v. State of U.P. and 3 Others), Allahabad High Court (Siddharth and Praveen Kumar Giri, JJ.), disposed on 7.3.2025. The petition sought quashing of the F.I.R. dated 31.01.2025 (Case Crime No. 88 of 2025, sections 2(b)(i) and 3(1), U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Khalilabad, District Sant Kabir Nagar), counsel submitting the petitioner had been implicated on the basis of a single case. Following the reasons in this Court's judgment dated 10.07.2024 in Criminal Misc. Writ Petition No. 7463 of 2024 (Shobit Nehra And Another v. State of U.P.), the Court did not quash the F.I.R. but directed that till cognizance is taken on the police report under Section 173(2) Cr.P.C. (now section 193(3) of B.N.S.S. 2023) the respondents are restrained from arresting the petitioner pursuant to the F.I.R., subject to his cooperation in the ongoing investigation.

Surjeet Yadav @ Damru Yadav v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Surjeet Yadav @ Damru Yadav v. State of U.P. and 3 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

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Procedural history

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