Nadeem vs State Of U.P. And 3 Others
2022 Latest Caselaw 21803 ALL

Citation : 2022 Latest Caselaw 21803 ALL
Judgement Date : 19 December, 2022

Allahabad High Court

Nadeem vs State Of U.P. And 3 Others on 19 December, 2022

Bench: Suneet Kumar, Syed Waiz Mian




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 19696 of 2022
 

 
Petitioner :- Nadeem
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Sheshadri Trivedi,Ajay Kumar Pandey,Sr. Advocate
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Suneet Kumar,J.

Hon'ble Syed Waiz Mian,J.

Heard Sri Satish Trivedi, Senior Advocate, assisted by Sri Ajay Kumar Pandey, learned counsel for the petitioner and learned A.G.A.

Present writ petition has been preferred for quashing the FIR dated 15.11.2022, registered as Case Crime No. 477 of 2022, under Section-2/3 of U.P. Gangster and Antisocial Activities (Prevention) Act, 1986, P. S.-Medical College, District-Meerut 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 petitioner to apply before the competent court for anticipatory bail/ bail as permissible under law and in accordance with law.

Order Date :- 19.12.2022