Deepak Duggal v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 18363 of 2023 Petitioner :- Deepak Duggal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shashank Singh,Shrey Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Shri Shrey Singh, learned counsel for the petitioner and Shri Rajesh Kumar Madheshiya, learned AGA for the State respondents.

¶2Present petition has been filed with a prayer for quashing the F.I.R. dated

30.10.2023 registered as Case Crime No. 1606 of 2023, under Section 2/3 of U.P. Gangster Act, Police Station Indirapuram, District Ghaziabad 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.

¶4Learned 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.

¶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 Ujjawal High Court of Judicature at Allahabad