Sunny Upadhyay v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 16054 of 2023 Petitioner :- Sunny Upadhyay Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Shri Anil Kumar, learned counsel for the petitioner and Shri G.P. Singh, learned AGA for the State respondents.

¶2Present petition has been filed with a prayer for quashing the F.I.R. dated 16.08.2023 registered as Case Crime No. 184 of 2023, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Uruwa Bazar, District Gorakhpur, with a further prayer not to arrest the petitioner in pursuance of the impugned F.I.R.

¶3Submission of the learned counsel for the petitioner is that the petitioner is the vehicle owner and only on the basis of single case he has been charge-sheeted and he has no concern with the alleged offence.

¶4Learned A.G.A. submits that present controversy has already been decided by Hon'ble Apex Court 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. Learned A.G.A. also points out the petitioner has criminal history of one case.

¶5We have considered the rival submissions and perused the record.

¶6Rule 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).

¶7In view of the above, we do not find any good ground to show interference in the present matter.

¶8Accordingly, the writ petition stands dismissed. Order Date :- 30.10.2023 A. Tripathi High Court of Judicature at Allahabad