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2021 Supreme(All) 955

Anil Saha – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Prashant Rai, Rakesh Pande (Senior Adv.), Vishakha Pande

JUDGMENT :

1. We have heard Shri Rakesh Pande, learned Senior Advocate assisted by Shri Prashant Rai and Ms. Vishakha Pande, appearing for the petitioner and Shri Manish Goyal, learned Additional Advocate General assisted by Shri S.A. Murtaza, learned A.G.A. for all the respondents.

2. This petition under Article 226 of Constitution of India has been filed by Anil Saha with a prayer for issuing writ, order or direction in the nature of certiorari, quashing the impugned First Information Report dated 26.06.2021 registered as Case Crime No.0558 of 2021 under Sections 2 and 3 (1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 at Police Station Dadri, District Gautam Budh Nagar. Further prayer has been made not to arrest the petitioner in the aforesaid case.

3. It appears that the petitioner is a qualified architect and business man. He has constructed several residential complexes in Gautam Budh Nagar and New Delhi. A company was formed in the name of 'Garvit Innovative Promoters Limited' (in short, the Company), which was duly registered under the Companies Act, 1956. The petitioner was not associated with the said company as Director, Promoter, Signato

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