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2025 Supreme(All) 2339

IN THE HIGH COURT OF ALLAHABAD
Mahesh Chandra Tripath, Anil Kumar-X
Jitendra Paswan – Appellant
Versus
State of UP – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ajit Narain Mishra
For the Respondent: G.A.

JUDGMENT :

1. Heard Sri A.N. Mishra, learned counsel for the petitioner and Sri Paritosh Malviya, learned AGA-I for the State-respondents.

2. The present writ petition has been filed seeking quashing of the impugned First Information Report dated 13.04.2025, registered as Case Crime No.0244 of 2025, under Sections 3 (1) , 2(b) (i) , 2 (b) (xi), and 2 (b) (xxv) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 [1. "Act, 1986]at Police Station Chiluatal, District Gorakhpur, in respect of the petitioner. A further prayer has been made for issuance of a direction restraining the respondents from arresting the petitioner pursuant to the said FIR.

3. The brief facts as per prosecution case are that the fourth respondent has lodged the impugned FIR against the petitioner and six other persons with allegation that one Ram Pravesh Rajbhar is leader of gang and the petitioner is a member of the aforesaid gang. The members of the gang have formed an organized criminal gang and are actively operating at the district level. This gang, for their financial and worldly gain, on 16.05.2022, assaulted a person and looted 7 lakhs near DPS School, Maniram, resulting in Case

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