Aniket Tiwari @ Chhotu vs State Of U.P. And 3 Others
2022 Latest Caselaw 11068 ALL

Citation : 2022 Latest Caselaw 11068 ALL
Judgement Date : 23 August, 2022

Allahabad High Court

Aniket Tiwari @ Chhotu vs State Of U.P. And 3 Others on 23 August, 2022

Bench: Suneet Kumar, Syed Waiz Mian




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 11036 of 2022
 

 
Petitioner :- Aniket Tiwari @ Chhotu
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Sanjay Kumar,Dhruv Dwivedi,Mukesh Kumar Tiwari
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Suneet Kumar,J.

Hon'ble Syed Waiz Mian,J.

Heard learned counsel for the petitioner and the learned A.G.A.

Present writ petition has been preferred for quashing the FIR dated 30.05.2022, registered as Case Crime No. 77 of 2022, under section 3(1) of U.P. Gangster and Antisocial Activities (Prevention) Act, 1986, P.S. Karma, District Sonbhadra and for a direction to the respondents not to arrest the petitioner in pursuance of the aforesaid FIR.

Learned counsel for the petitioner vehemently contended that only on the basis of solitary case, the proceeding under Section 3(1) of U.P. Gangster Act has been drawn, which is liable to be set aside.

As has been propounded by 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 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 Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. Therefore, the contention of petitioner that based on solitary case, the imposition of Section 2/3 of U.P. Gangster Act is not leviable, would have no bearing.

In view of the aforesaid dictum, even on the basis of solitary case, the provisions of Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act 1986 can be imposed.

In the facts and circumstances of the case, no case has been made out for interference with the impugned first information report.

Therefore, the writ petition is dismissed leaving it open for the petitioners to apply before the competent court for anticipatory bail/ bail as permissible under law and in accordance with law.

Order Date :- 23.8.2022

K.K. Maurya