Jay Kishan vs State of Uttar Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 324

SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
Jay Kishan – Appellant
Versus
State of Uttar Pradesh – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Anurag Dubey, Adv. Ms. Anu Sawhney, Adv. Ms. Maitri Goal, Adv. Mr. Meenesh Dubey, Adv. Mr. Satpal Wadhwa, Adv. Mr. Ashish Kumar Upadhyay, AOR
For the Respondent(s): Mr. Sarvesh Singh Baghel, AOR Mr. Dinesh Kr. Goswami, Sr. Adv. Mr. Aditya Giri, AOR Mr. Yash Giri, Adv. Mr. Anuj Shukla, Adv. Mr. Hemant Kalra, Adv.

JUDGMENT :

AHSANUDDIN AMANULLAH, J.

1. Heard learned senior counsel/counsel for the parties.

2. Delay condoned.

3. Leave, as prayed for, granted.

4. The present appeal arises out of the Final Judgment and Order dated 17.01.2024 (hereinafter referred to as the “Impugned Judgment”)¹ [2024 AHC 8159 DB] passed by a learned Division Bench of the High Court of Judicature at Allahabad (hereinafter referred to as the “High Court”) in Criminal Miscellaneous Writ Petition² [Abbreviated to “CRLMWP”] No. 19541/2023, whereby the High Court dismissed the Writ Petition filed by the appellants for quashing the First Information Report³ [Abbreviated to “FIR”] being CC⁴ [Abbreviation for “Case Crime”] No. 0092 of 2023, under Sections 2 and 3 of the Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986, (hereinafter referred to as the “Act”) lodged at Police Station - Bamrauli Katara, District - Agra, Uttar Pradesh.

BACKGROUND:

5. The FIR impugned before the High Court came to be registered against the appellants at the instance of the Station House Officer, Police Station - Bamrauli Katara on 26.11.2023 alleging, inter alia, that the appellants, being members of a gang led by Appellant