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2023 Supreme(All) 1619

SHAMIM AHMED
Rahmat Ali @ Monu – Appellant
Versus
State of U. P. , Thru. Addl. Chief Secy. Deptt. Home Lko. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Santosh Kr. Yadav Warsi, Jitendra Kumar Singh, O.P. Tiwari, Pallavi Vatsala.

JUDGMENT :

1. Heard Shri Santosh Kumar Yadav, Advocate alongwith Shri O.P. Tiwari, learned counsel for the applicants and learned AGA for the State and perused the material placed on record.

2. The present 482 Cr.P.C. application has been filed to quash the entire criminal proceeding arising out of Charge sheet No.204, dated 18.06.2023 submitted in FIR No.0038 of 2023, under Sections 2/3 of The U.P. Gangsters and Anti-Social Activities (Prevention) Act as well as summoning order dated 13.07.2023 passed by Special Judge Gangster Act, Court No.16, Hardoi.

3. Learned counsel for the applicants has submitted that earlier the FIR has been lodged against the applicants and four other persons. In the FIR, it is alleged that a mob of 200 people assaulted the informant. He further submitted that it is a case of no injury. He further submitted that in the context of FIR, it is clearly mentioned that a mob of 200 people assaulted the informant but the FIR has been lodged only against five persons. He next submitted that based upon this, the present proceedings has been initiated by lodging FIR No.0038 of 2023, under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1

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