Faizan @ Mohd. Fahajan vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Faizan @ Mohd. Fahajan vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim non-arrest protection pursuant to the FIR (Case Crime No. 285 of 2025) till the next date of listing or submission of police report u/s 193(3) B.N.S.S., whichever is earlier, subject to cooperation in investigation; counter affidavits within six weeks and rejoinder two weeks thereafter; merits left for consideration on a future date.

Issue for consideration

Whether invocation of gangsters proceedings against the petitioner (implicated in two criminal cases) is a misuse of the process of law, in violation of Sections 16 and 17 of the 1986 Act for want of independent application of mind, warranting quashing of the FIR dated 31.3.2025 (Case Crime No. 285 of 2025). +1 more

Ratio / Principle

As an interim measure, till the next date of listing or till submission of police report u/s 193(3) B.N.S.S., whichever is earlier, the petitioner shall not be arrested pursuant to the impugned FIR, provided he cooperates in the investigation.

Key takeaways

Substantive consideration deferred ('Matter requires consideration'); respondents directed to file counter affidavit within six weeks, petitioner to have two weeks thereafter for rejoinder affidavit, and matter to be listed immediately thereafter.ratio¶¶7

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 42), Criminal Misc. Writ Petition No. 8520 of 2025 — Faizan @ Mohd. Fahajan v. State of U.P. & 3 Others; order dated 14.5.2025; bench: Mahesh Chandra Tripathi and Anil Kumar-X, JJ. Petitioner prays for (i) quashing of FIR dated 31.3.2025 registered as Case Crime No. 285 of 2025 under Section 2/3, U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (P.S. Kotwali Nagar, District Bulandshahr) and (ii) protection from arrest. Counsel argues that, being implicated in only two criminal cases, invocation of gangsters proceedings is misuse of process and violates Sections 16–17 of the 1986 Act for want of independent application of mind; the Nodal Officer's gang-chart assertion that beef ('beaf') and theft materials were recovered is said to be incorrect on the face of record; reliance is placed on the bail order dated 23.4.2024 of the Sessions Judge, Bulandshahr in Case Crime No. 275 of 2024 (Sections 3/5/8, U.P. Cow Slaughter Act 1955). Court held 'matter requires consideration', sought counter affidavits (six weeks) and rejoinder (two weeks thereafter), and granted interim non-arrest protection till next listing or submission of police report u/s 193(3) B.N.S.S., whichever is earlier, conditioned upon cooperation in investigation.

Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8520 of 2025 Petitioner :- Faizan @ Mohd. Fahajan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brahma Kumar Tiwari,Raj Narayan Counsel for Respondent :- G.A.

Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J.

Heard learned counsel for the petitioner and Sri G.P.Singh, learned AGA-I for the State-respondent.

This writ petition has been filed with the prayer to quash the First Information Report dated 31.3.2025 registered as Case Crime No. 285 of 2025, under Section 2/3 U.P.Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali Nagar, District Bulandshahr. Further prayer has been made not to arrest the petitioner in the aforesaid case.

The impugned FIR is challenged precisely on the ground that even though the petitioner has been implicated in two criminal cases but under the facts and circumstances, invocation of gangsters proceeding, is misuse of process of law and the same is in violation of Section 16 and 17 of Act, 1986 as there is no independent application of mind. In support of his submissions, learned counsel for the petitioner states that the Nodal Officer at the time of preparation of gang chart has proceeded to observe that beaf and the theft materials were recovered, which is incorrect on the face of record. In support of his submissions, he has placed reliance upon the bail order dated 23.4.2024 accorded by Sessions Judge, Bulandshahr in Case Crime No. 275 of 2024, under Section 3/5/8 of U.P.Cow Slaughter Act 1955. Lastly, he contends that in case no reprieve is accorded, the petitioner would suffer irreparable loss and injury.

Matter requires consideration.

All the respondents may file counter affidavit within six weeks. Petitioner shall have two weeks thereafter to file rejoinder affidavit. List immediately thereafter.

Considering the facts and circumstances of the case as briefly discussed above, as an interim measure, till the next date of listing or till submission of police report u/s 193(3) B.N.S.S., whichever is earlier, the petitioner shall not be arrested pursuant to the impugned First Information Report provided he cooperates in the investigation.

(Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.)

Order Date :- 14.5.2025 A.K.Srivastava

Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad