Qadir v. State of U.P. and 2 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 18379 of 2023 Petitioner :- Qadir Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indresh Kumar Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Shri Indresh 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 31.08.2023 registered as Case Crime No. 0587 of 2023, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Dhanghata, District Sant Kabir Nagar, with a further prayer not to arrest the petitioner in pursuance of the impugned F.I.R.

¶3Submission 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. It is also submitted that petitioner is on bail in the base FIR.

¶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 that the petitioner herein is the gang leader.

¶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 :- 28.11.2023 Shafique High Court of Judicature at Allahabad