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2024 Supreme(All) 637

VIVEK KUMAR BIRLA, DONADI RAMESH
Mohammad Anees – Appellant
Versus
State Of UP – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sundeep Shukla
For the Respondent: G.A.

JUDGMENT :

Delivered by Hon’ble Vivek Kumar Birla, J.

1. Heard Sri Sandeep Shukla, learned counsel for the petitioner and Sri Ratan Singh, learned AGA for the State and perused the record.

2. Present petition has been filed with the following prayers:

    “a. Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 22.05.2023 bearing Case Crime No. 185 of 2023, under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Partapur, District Meerut.

b. Issue a writ, order or direction in the nature of mandamus directing Investigation Officer not to arrest petitioner pursuant to impugned first information report.”

(Emphasis supplied)

3. Admittedly, earlier the petitioner approached this Court challenging the same First Information Reeport dated 22.5.2023 registered as Case Crime No. 185 of 2023, under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 by filing a writ petition being Criminal Misc. Writ Petition No. 10390 of 2023 (Mohammad Anees vs. State of UP and others), which was dismissed on 13.7.2023. The said order is quoted as under:

    “1.

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