Allahabad High Court
Satyapal Yadav vs State Of U.P. Thru Secretary Home & ... on 25 January, 2021
Bench: Ramesh Sinha, Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Court No. - 9
Case :- MISC. BENCH No. - 1154 of 2021
Petitioner :- Satyapal Yadav
Respondent :- State Of U.P. Thru Secretary Home & Ors.
Counsel for Petitioner :- Ayodhya Prasad Mishra,Shesh Ram Verma
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Rajeev Singh,J.
(1) Heard Shri Ayodhya Prasad Mishra, learned counsel for the petitioner and Sri S.P. Singh, learned A.G.A. for the State/respondents and perused the record.
(2) Supplementary affidavit filed today on behalf of the petitioner is taken on record.
(3) By means of the present writ petition under Article 226 of the Constitution of India, the petitioner is assailing the First Information Report dated 01.01.2021 registered as F.I.R. No. 0001 of 2021, under Section 2/3 of U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, Police Station Vibhuti Khand, Gomti Nagar, District East Lucknow and the gang chart prepared by the authority concern so far as it relates to the petitioner contained in Annexure No.2 to the writ petition.
(4) It has been argued by the learned counsel for the petitioner that an F.I.R., namely, Case Crime No. 404 of 2020, under Sections 384, 419, 420, 467, 468, 471, 474, 120-B I.P.C. and Section 68 of the Information Technology Act at Police Station Vibhuti Khand, District Lucknow was registered against the petitioner, in which, the petitioner was granted bail on 02.12.2020. Thereafter, the impugned FIR has been lodged against the petitioner on the same facts and allegations as narrated in Case Crime No.404 of 2020, in which the petitioner has already been granted bail and the police report under Section 173 (2) Cr.P.C. has been submitted. There is no criminal history of the petitioner except the aforesaid case but the petitioner has been challaned under section 2/3 Gangster and Anti Social Activities (Prevention) Act, 1986 on vague, frivolous and false allegations.
(5) Learned counsel for the petitioner has submitted that the petitioner is being victim of double jeopardy as the provisions of Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 are not applicable against him.
(6) Per contra, learned A.G.A. submits that the provisions of Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 have been held to be valid. He further submitted it nowhere infringes the constitutional guarantee as provided under Article 20 of the Constitution. He further submits that once FIR has been lodged and investigation is on, as such, this Court should not interfere in the matter.
(7) We take note of Division Bench judgment of this Court in the case of Kishan Pal @ K.P Vs. State of U.P. and another : 2006 (54) ACC 1015, wherein this Court has proceeded to mention where request has been made for quashing of FIR under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, no interference should be made at the stage of investigation and the matter should be dealt with as per the directives given therein.
(8) In the present case also, impugned FIR has been lodged, wherein mention has been made that petitioner is active member of a gang, which is engaged in anti social activities and gang chart reflects that petitioner has been arrayed as an accused for committing said offence in question. A distinct offence under section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 has been committed by the petitioner for which trial is going on. A separate trial for another offence is pending which could not said to be a case of double jeopardy, rather, both the offences are distinct in themselves which could be tried by the learned trial court separately.
(9) Once such are the allegations mentioned in the impugned FIR and the investigation is on, then, this Court, at this stage of proceeding, refuses to interfere in the matter.
(10) In view of the above observation, writ petition is dismissed, accordingly.
.
(Rajeev Singh, J.) (Ramesh Sinha, J.
Order Date :- 25.1.2021
Ajit/-
