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[Cites 3, Cited by 0]

Uttarakhand High Court

WPCRL/1236/2025 on 14 October, 2025

             Office Notes,
            reports, orders
            or proceedings
SL.   Dat
             or directions                               COURT'S OR JUDGE'S ORDERS
No.    e
            and Registrar's
              order with
              Signatures

                              WPCRL No. 1236 of 2025

                              Hon'ble Ashish Naithani, J.

Mr. Ajay Veer Pundir, learned counsel for the Petitioner through video conferencing.

2. Mr. Rakesh Negi, learned Brief Holder for the State of Uttarakhand.

3. The present Criminal Writ Petition, filed under Article 226 of the Constitution of India, has been instituted with the following prayers:

"(i) Issue a writ, order or direction in the nature of certiorari, quashing the impugned First Information Report dated 26.09.2025 (F.I.R. No. 0549 of 2025) under Sections 2(B)(1) and 2 (B)(ii)/3 of the Uttar Pradesh Gangsters and Anti- Social Activities (Prevention) Act, 1986 at P.S. Kotwali Jwalapur, District Haridwar.
(ii) Issue a writ, order or direction in the nature of mandamus, commanding/directing the respondents not to arrest petitioner in connection with impugned First Information Report dated 26.09.2025 (F.I.R. No. 0549 of 2025) under Sections 2(B) (1) and 2(B) (ii)/3 of the Uttar Pradesh Gangsters and Anti- Social Activities (Prevention) Act, 1986 at P.S. Kotwali Jwalapur, District Haridwar, during the pendency of present writ petition."

4. The Petitioner has also filed a Stay Application (IA No. 01 of 2025), seeking a stay on his arrest in connection with the aforesaid FIR during the pendency of the present writ petition.

5. Admit.

6. Let objections be filed by the State.

7. List this case on 12.12.2025.

8. Considering the facts and circumstances of the case, as an interim measure, it is directed that till the next date of listing, no coercive measures shall be taken against the Petitioner pursuant to the impugned First Information Report dated 26.09.2025 (F.I.R. No. 0549 of 2025) under Sections 2(B)(1) and 2 (B)(ii)/3 of the Uttar Pradesh Gangsters and Anti- Social Activities (Prevention) Act, 1986 at P.S. Kotwali Jwalapur, District Haridwar, provided that the Petitioner cooperates with the investigation. In case of non- cooperation, the interim protection so granted shall stand automatically vacated.

9. The Stay Application stands disposed of accordingly.

(Ashish Naithani, J.) 14.10.2025 Shiksha