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2023 Supreme(All) 1079

ANJANI KUMAR MISHRA, VIVEK KUMAR SINGH
Rahul Saxena Alias Bhola/Bholu – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Nagesh Kumar Dwivedi, Ashwini Kumar, Sushil Kumar Srivastava.

JUDGMENT :

1. Learned counsel for the petitioner has filed supplementary affidavit in the Court today which is taken on record.

2. Heard learned counsel for the petitioner and learned A.G.A. for the State.

3. The instant writ petition seeks quashing of the FIR dated 26.07.2023 giving rise to Case Crime No.0303 of 2023, under Sections 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act., Police Station- Kila, District- Bareilly.

4. The contention of learned counsel for the petitioner is that the provisions of the Gangsters Act have been invoked against the petitioner on the basis of two base cases. However, the investigation in the base cases was not complete. He has also vehemently argued that Rule 5 and 10 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules have not been complied with. The first information report is, therefore, illegal and is liable to be set aside.

5. He has also submitted that the papers which were required to be forwarded to the approving authority lack the certified copy of the charge-sheets of base cases and the recovery memos. These were not sent along with the documents, for approval. He submits that a cer

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