Allahabad High Court
CRLP/10955/2025 of FIROJ AHMAD @ SABLOO Vs STATE OF U.P. AND 3 OTHERS on 27 May 2025
No. - 2025:AHC:92425-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 10955 of 2025 Petitioner :- Firoj Ahmad @ Sabloo Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravindra Prakash Srivastava Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J.
Court No. - 42
Case :- CRIMINAL MISC. WRIT PETITION No. - 10955 of 2025Petitioner :- Firoj Ahmad @ SablooRespondent :- State Of U.P. And 3 OthersCounsel for Petitioner :- Ravindra Prakash SrivastavaCounsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J.'Honble Anil Kumar-X,J.
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1. Heard learned counsel for the petitioner and learned AGA for State respondents.
2. Present writ petition has been preferred to quash the FIR dated 24.5.2023 beingCase Crime No.1366 of 2022, under Sections 14(1) of U.P. Gangster and AntiSocial Activities ( Prevention) Act, 1986 (in short, Act, 1986), at Police StationKaptanganj, District Basti in respect of the petitioner and for a direction torespondents not to arrest the petitioner pursuant to impugned FIR.
3. Sri Paritosh Malviya, learned A.G.A.-I has raised an objection quamaintainability of the writ petition on two fold submissions, firstly on the groundthat the Act, 1986 is self-contained Act and the order has been passed under Section14 (1) of the Act, 1986 and later on, the objection has been considered and rejectedand the matter was referred to the competent Gangster Act, therefore the DistrictMagistrate has become functus officia as reference is already made to thecompetent Gangster Act. Secondly, it is pressed that Section 16 of the Act, 1986also provides detailed procedure and the Gangster Court is competent to considerthe grievance of the petitioner in accordance with law.
4. Considering the factual situation, we are not inclined to entertain the instant writpetition. We leave it open to the petitioner to press an appropriate relief in the on-going proceeding before the competent Gangster Court.
5. With the aforesaid leave, the instant writ petition stands disposed off.
(Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.)
Order Date :- 28.5.2025/Mukesh