Pawan Kumar Verma v. State of U.P. Thru. Secy. Home Deptt. Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8417 of 2023 Petitioner :- Pawan Kumar Verma Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Kailash Nath Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

¶1Heard learned counsel for the petitioner and learned AGA.

¶2This petition has been filed with the following main prayers:-

(i) To issue a writ, order or direction in the nature of certiorari quaahing the impugned First Information Report Lodged by opposite Party No.4 on 20/10/2022 registered at Case Crime No. 418/2022, Under Section-3(1) of U.P. Gangsters & Antisocial Activities (Prevention) Act 1986, Police Station-Itiyathok, District Gonda as contained in Annexure No.1 to the Writ Petition so for as it relates to petitioner.

(ii) To issue a writ, order or direction in the nature of Mandamus directing the Opposite Parties not to harass/arrest the petitioner on the basis of impugned F.1.R. during investigation.

¶3Learned counsel for the petitioner submits that only one case has been mentioned in the Gang Chart which is pending against the petitioner in which chargesheet has been filed on

11.07.2023 only under Sections 411 and 414 of IPC. The offence under Section 392 and other serious sections have been shown to have been caused by the other accused. He further submitted that the petitioner is on bail and, as such, the proceedings under the Gangster Act is liable to be set aside.

¶4Per contra, learned AGA has vehemently opposed the writ petition and submitted that even though the petitioner has been accorded bail in the case as shown in the gang chart but the law is already settled that even on the basis of solitary case proceeding under the Gangster Act may be drawn. In this regard, he has placed reliance upon the judgment passed by Hon'ble the Division Bench in Criminal Misc. Writ Petition No. 4622 of 2019 (Somvir Vs. State of U.P. and 2 others) as well as in many judgments by this Court, wherein it is propounded that even a single case, if fulfills the category of offences given under Section 2(b) (i) to (xv) of Act and is being committed by gang defined under Section 2 (b) or gangster defined under Section 2 (c) of the Act may be basis for registration of case crime number for offence punishable under Section 2/3 of Gangster Act. Therefore, the contention of petitioners that based on two cases, the imposition of Section 2/3 of Gangster Act is not leviable, would have no bearing. Reliance has also been placed on the judgment of Hon'ble the Apex Court in Shraddha Gupta Versus State of Uttar Pradesh and others, 2022 SCC OnLine SC 514, wherein the Apex Court had an occasion to consider as to whether prosecution under the Gangster Act can be initiated against a person even in case of single offence/FIR/charge sheet for any of the anti-social activities mentioned in Section 2(b) of the Gangster Act. The relevant portion of the order reads thus: "On a fair reading of the definitions of 'Gang' contained in Section 2(b) and 'Gangster' contained in Section 2(c) of the Gangsters Act, a 'Gangster' means a member or leader or organiser of a gang including any person who abets or assists in the activities of a gang enumerated in clause (b) of Section 2, who either acting singly or collectively commits and indulges in any of the anti-social activities mentioned in Section 2(b) can be said to have committed the offence under the Gangsters Act and can be prosecuted and punished for the offence under the Gangsters Act. There is no specific provision under the Gangsters Act, 1986 like the specific provisions under the Maharashtra Control of Organized Crime Act, 1999 and the Gujarat Control of Terrorism and Organized Crime Act, 2015 that while prosecuting an accused under the Gangsters Act, there shall be more than one offence or the FIR/charge sheet. As per the settled position of law, the provisions of the statute are to be read and considered as it is. Therefore, considering the provisions under the Gangsters Act, 1986 as they are, even in case of a single offence/FIR/charge sheet, if it is found that the accused is a member of a 'Gang' and has indulged in any of the anti-social activities mentioned in Section 2(b) of the Gangsters Act...Therefore, so far as the Gangsters Act, 1986 is concerned, there can be prosecution against a person even in case of a single offence/FIR/charge sheet for any of the anti-social activities mentioned in Section 2(b) of the Act provided such an anti-social activity is by violence, or threat or show of violence, or intimidation, or coercion or otherwise with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person."

¶5Considering the facts and circumstances as well as the judgments cited above, we are also of the opinion that even on the basis of solitary case the provisions of Gangster Act can be imposed and, as such , we are not inclined to interfere in the matter.

¶6The writ petition is dismissed leaving it open for the petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. Order Date :- 1.11.2023 KR High Court of Judicature at Allahabad, Lucknow Bench