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CRLP (A) 10020 2023

The petitioner Vishal Thakur filed a writ petition seeking to quash an FIR registered against him under the U.P. Gangster Act for allegedly running a gang and disturbing public order. The petitioner's counsel argued he has been falsely implicated and has a good reputation, and only has one prior criminal case where he was granted bail. The court noted the factual aspects are not disputed. The court gave the state 8 weeks to file a response and restrained the respondents from arresting the petitioner during the ongoing investigation subject to his cooperation.

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33 views2 pages

CRLP (A) 10020 2023

The petitioner Vishal Thakur filed a writ petition seeking to quash an FIR registered against him under the U.P. Gangster Act for allegedly running a gang and disturbing public order. The petitioner's counsel argued he has been falsely implicated and has a good reputation, and only has one prior criminal case where he was granted bail. The court noted the factual aspects are not disputed. The court gave the state 8 weeks to file a response and restrained the respondents from arresting the petitioner during the ongoing investigation subject to his cooperation.

Uploaded by

ssbshobbystudy9
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Neutral Citation No.

- 2023:AHC:129483-DB
Court No. - 40

Case :- CRIMINAL MISC. WRIT PETITION No. - 10020 of


2023

Petitioner :- Vishal Thakur


Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Rajiv Sharma
Counsel for Respondent :- G.A.

Hon'ble Mahesh Chandra Tripathi,J.


Hon'ble Prakash Padia,J.
1. The relief sought in this petition is for quashing of the F.I.R.
dated 02.06.2023 registered as Case Crime No.0395 of 2023 under
Section 3(1) of U.P. Gangster Act and Anti Social Activities
(Prevention) Act, 1986, Police Station Majhola, District
Moradabad. Further prayer has been made not to arrest the
petitioner in the aforesaid case.

2. Learned counsel for the petitioners submits that the petitioner


has been falsely implicated in the present case and no offence
under Section 3(1) of U.P. Gangster Act and Anti Social Activities
(Prevention) Act, 1986 is made out against him. He has good
reputation in the society. Neither he is leader of any gang nor runs
any gang involved in any activity of disturbing public order. As per
gang chart, there is only one criminal case registered against the
petitioners as Case Crime No.413 of 2021 under Sections 147,
148, 149, 506/34, 427, 302, 307 IPC, and Section 3/4 Explosive
Act and Section 7 of Criminal Law Amendment Act Police Station
Majhola District Moradabad in which the petitioner has already
been enlarged on bail by the learned Single Judge of this court vide
its order dated 14.02.2022 in Criminal Misc. Bail Application
No.51109 of 2021 and the co-accused namely Abhay Tyagi has
also been granted protection from arrest by this Court vide order
dated 21.06.2023 passed in Criminal Misc. Writ Petition No.9223
of 2023.

3. So far as the factual aspect of the matter is concerned, the same


is not disputed by learned A.G.A.

4. The matter requires consideration.


5. Learned AGA has accepted notice on behalf of all the
respondents. He prays for and is accorded eight weeks' time to file
response in the matter. The petitioner will have one week
thereafter to file rejoinder affidavit. List immediately thereafter.

6. Till the next date of listing, respondents are restrained to arrest


the petitioner pursuant to the impugned F.I.R. subject to
cooperation in the on-going investigation.

Order Date :- 28.6.2023


saqlain

Digitally signed by :-
SYED MOHAMMAD SAQLAIN HAIDER
High Court of Judicature at Allahabad

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