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2023 Supreme(All) 1830

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


Advocates:
Advocate Appeared:
For the Petitioner: Bipin Kumar Tripathi, Shubham

JUDGMENT :

1. Counter affidavit filed on behalf of the State, is taken on record.

2. Heard Sri Bipin Kumar Tripathi, learned counsel for the petitioner and Sri Ratan Singh, learned AGA for the State and perused the records.

3. Present petition has been filed with a prayer for quashing the F.I.R. dated 17.12.2022, registered as Case Crime No. 660 of 2022, under Section 3(i) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as the Gangster Act), Police Station Chiluatal, District Gorakhpur with a further prayer not to arrest the petitioner in pursuance of the impugned F.I.R.

4. Submission of the learned counsel for the petitioner is that in the gang chart details of only one case have been mentioned, however, simultaneously it is mentioned that two cases are registered against the petitioner. So far as the case referred in the gang chart bearing Case Crime no.7 of 2021 is concerned, it is submitted by the learned counsel for the petitioner that initially F.I.R. was lodged only under Sections 279, 504, 307 IPC against two unknown bike riders wherein during investigation in C.D. No.11 dated 24.01.2021 Mukhbir disclosed the name of the co-accused Manoj

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