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2025 Supreme(Online)(All) 2627

ALLAHABAD HIGH COURT
Sri Arjun Singh Yadav, J
Sukarmpal Alias Amit Jat v. State of U. P


Advocates:
For the Appellants/Petitioners: Sri Babu Lal Ram
For the Respondents: Sri Ratan Singh

Table of Content
1. fir lacks necessary legal grounding. (Para 2 , 3 , 20)
2. conditions for gang membership and timing in statute. (Para 5 , 6 , 12 , 18)
3. guidelines remain applicable pending further decisions. (Para 19 , 22)

1. Heard Sri Arjun Singh Yadav, Advocate holding brief of Sri Babu Lal Ram, learned counsel for the petitioner and Sri Ratan Singh, learned AGA for the State.

2. The present writ petition has been preferred for quashing the FIR dated 29.02.2024 registered as Case Crime No.28 of 2024, under S.3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station - Alinagar, District - Chandauli and for a direction to respondents - State not to take coercive action against the petitioner pursuant to aforesaid FIR.

3. Contention of learned counsel for the petitioner is that from perusal of the gang chart of the impugned FIR, it is clear that the charge sheet in the base case was filed on 20.12.2020 and after that, no case was registered against the petitioner and after more than three years impugned FIR was lodged on 29.02.2024 by approving the gang chart on 14.02.2024 which is in violation of proviso of R.4(2) of U.P. Gangster and Anti - Social Activi







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