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2024 Supreme(All) 1042

VIVEK KUMAR BIRLA, ARUN KUMAR SINGH DESHWAL
Mohd. Arif @ Guddu – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Md Zakir Husain, Md. Nuruddin Khan
For the Respondent: G.A., Sarve Nazir, Zafar Abbas

JUDGMENT :

1. Supplementary affidavit filed today is taken on record.

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

3. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 01.05.2024, registered as Case Crime No.100 of 2024, under Sections 3(1) of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as 'Gangsters Act'), P.S. Khetasarai, District-Jaunpur and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

4. The contention of learned counsel for the petitioners is that while recommending and approving the gang chart of the FIR in question, no satisfaction was recorded by the competent authorities as the competent authority has signed pre-typed satisfaction which is against the law laid down by the Division Bench of this Court in Sanni Mishra @ Sanjayan Kumar Mishra vs. State of Uttar Pradesh and others reported in 2024 (1) ADJ 231 (DB). It is further submitted by learned counsel for the petitioner that the impugned FIR is itself illegal as same was registered u/s 3(1) of the Gangster

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