Vikram v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 15538 of 2023 Petitioner :- Vikram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Supplementary affidavit filed today is taken on record.

¶2Heard learned counsel for the petitioner and learned AGA for the State respondents.

¶3Present petition has been filed with a prayer for quashing the F.I.R. dated 16.09.2023 registered as Case Crime No. 0549 of 2023, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Tronica City, District Ghaziabad with a further prayer not to arrest the petitioner in pursuance of the impugned F.I.R.

¶4Sole submission of learned counsel for the petitioner is that the impugned first information report has been lodged against the petitioner on the basis of solitary case and there is no other criminal history against the petitioner.

¶5Learned A.G.A. submits that present controversy has already been decided by Hon'ble Apex Cour in the case of Shraddha Gupta vs The State Of Uttar Pradesh decided on 26 April, 2022 in Criminal Appeal No. 569-570 of 2022 that the provisions of Gangster Act can be imposed on the basis of a solitary case.

¶6We have considered the rival submissions and perused the record and find that co-accused had approached this Court by filing a writ petition being Criminal Misc. Writ Petition No. 15750 of 2023 (Anil Kumar vs. The State of U.P. and Another), which was dismissed by a co-ordinate Bench of this Court on

09.10.2023.

¶7Rule 22 of the Gangster Rule, 2001 clearly provides that criminal history is not required and the FIR under the Gangster Act can be registered on the basis of a single case. Hon'ble Apex Court has also held the same in Shraddha Gupta (supra).

¶8In view of the above, we do not find any good ground to show interference in the present matter.

¶9Accordingly, the writ petition stands dismissed. Order Date :- 18.10.2023 Ujjawal High Court of Judicature at Allahabad