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

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 13646 of 2022 Petitioner :- Anuj Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Pal Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Shri Ram Pal Singh, 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 31.08.2022, registered as Case Crime No. 516 of 2022, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali Chhibramau, District Kannoj with a further prayer not to arrest the petitioner in pursuance of the impugned F.I.R.

¶3Earlier while entertaining the present petition interim order was granted to the petitioner on the ground that the provisions of Gangster Act has been imposed on the basis of only one criminal case wherein the petitioner was enlarged on bail.

¶4Learned AGA was granted time to file counter affidavit but till date no counter affidavit has been filed. Therefore, we proceed to hear the matter on merits.

¶5Sole submission 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.

¶6Learned 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.

¶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).

¶8A reference may also be made to the judgement and order dated

4.8.2023 passed in Criminal Misc. Writ Petition No. 10708 of 2023 (Usman and 2 others vs. State of UP and 2 others) wherein all such aspects have already been dealt with by this Court.

¶9In view of the above, we do not find any good ground to show interference in the present matter.

¶10Accordingly, the writ petition stands dismissed. Order Date :- 15.12.2023 Nitendra High Court of Judicature at Allahabad