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2023 Supreme(All) 1069

VIVEK KUMAR BIRLA, SURENDRA SINGH-I
Raju Pathak – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shamasul Eslam

JUDGMENT :

Surendra Singh-I, J.

Learned counsel for the petitioner has filed a copy of order dated 13.04.2023 passed by a coordinate Bench of this Court in Criminal Misc. Writ Petition No. 4451 of 2023, Vishal (minor) Vs. State of U.P. and 3 Others, in the Court which is taken on record.

2. Heard Sri Shamasul Eslam, learned counsel for the petitioner and Sri Ratan Singh, learned A.G.A. appearing for the State-respondents.

3. The present writ petition has been filed under Article 226 of the Constitution of India with the prayer to quash the impugned first information report dated 24.11.2022 registered as Case Crime No. 203 of 2022 under Section 3(1) of U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986 (hereinafter mentioned as ‘U.P. Gangsters Act’), Police Station-Haldi, District- Ballia.

4. It is submitted by learned counsel for the petitioner that the first information report has been lodged against the petitioner, Raju Pathak and two other persons, namely, Aakash Giri and Yogesh Tiwari alias Rahul Tiwari, alleging therein that co-accused, Aakash Giri runs a gang and the petitioner is the member of the said gang and they committed offence against the society. Certified cop

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