Hon’ble Prashant Kumar,J.
1. Heard Sri Ashish Goyal, learned counsel for the petitioners and learned A.G.A.-I for the State respondents.
2. Present writ petition has been preferred for quashing the FIR dated 27.02.2025, registered as Case Crime No.120 of 2025, under Section 2 & 3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as the “Act, 1986”), lodged at Police Station- Sadabad Kotwali, District Hathras and for a direction to the respondents not to arrest the petitioners in pursuance of the aforesaid FIR.
3. Learned counsel for the petitioners vehemently submitted that the FIR impugned before this Court came to be registered against the petitioners at the instance of Station House Officer, Police Station Sadabad Kotwali, District Hathras on 27.02.2025 alleging, inter alia, that the petitioners, being members of a gang led by one another accused Yogesh, were involved in various criminal offences. Against the first petitioner namely Shahbaj, two criminal cases having Case Crime No.314/2024 under Section 411, 414, 420, 467, 468, 471 IPC and Case Crime No.305 of 2024 under Section 379, 411 IPC, at Police Station Sadabad, District Hathras, are registered and against the second petitioner Rahul, three criminal cases, Case Crime No.314/2024; Case Crime No.305 of 2024 and Case Crime No.307 of 2024 under Sections 379, 411 IPC, at Police Station Sadabad, District Hathras, are registered. Thus, they were liable to be prosecuted for the offences punishable under the Act, 1986. The FIR further narrated that the gang had a criminal history and with a view to impose a restriction on the activities of the said gang, the FIR was being registered after obtaining prior approval of the gang chart from the District Magistrate, Hathras. The petitioners assailed the FIR by way of the instant writ petition on the premise that the aforesaid FIRs are related to the petty offences. It is also pressed that the petitioners have already been bailed out in all the aforesaid cases in the year 2024 and after lapse of eight months, the proceedings under Act, 1986 were drawn against the petitioners. Neither the petitioners are members nor they are leaders of a gang. As such, the proceedings under the Act, 1986 are liable to be set aside.