Allahabad High Court
Suraj Singh vs State Of Up Thru. Prin. Secy. Home ... on 27 June, 2022
Bench: Ramesh Sinha, Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4106 of 2022
Petitioner :- Suraj Singh
Respondent :- State Of Up Thru. Prin. Secy. Home Civil Secrtt. Lko And Others
Counsel for Petitioner :- Hari Nath Singh,Karnika Singh,Vishva Deep Pandey
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Jaspreet Singh,J.
Heard Shri Hari Nath Singh, learned counsel for the petitioner, Shri Umesh Chandra Verma, learned A.G.A. for the State-respondents and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioner- Suraj Singh, seeking a writ of certiorari to quash the impugned First Information Report dated 31.05.2022 registered as F.I.R. No. 0178 of 2022, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Mankapur, District Gonda and also issue a writ of mandamus commanding the respondents to not to arrest the petitioner in connection with the impugned F.I.R.
It has been argued by the learned counsel for the petitioner that entire allegations made in the impugned F.I.R. against the petitioner are false and baseless. He further argued that no case under the Gangster Act is made out against the petitioner. He next argued that petitioner has been falsely implicated in the present case only on the basis of two criminal cases i.e. Case Crime/F.I.R. No.18 of 2022, under Sections 392 and 411 I.P.C., Police Station- Mankapur, District Gonda, in which petitioner was not named in the F.I.R. but later on name of the petitioner has been dragged on the basis of false statements, a copy of F.I.R. dated 15.01.2022 is annexed as Annexure No.2 to the writ petition and F.I.R. No.0026 of 2022, under Section 307 I.P.C., a copy of F.I.R. dated 21.01.2022 is annexed as Annexure No.3 to the writ petition. He further submits that petitioner has been bailed out in the aforesaid cases by the court below, copies of bail orders are annexed as Annexure Nos.4 and 5 to the writ petition. It is further submitted that the petitioner is neither a gangster or a gang leader or a member of gang or a gang organizer, hence he does not fall within the ambit of gangster as defined under Section 2(c) of the Gangster Act. He has further submitted that except two cases, petitioner has no criminal history and even the alleged cases were registered on the basis of concocted story. It has further been argued that the petitioner has not committed any offence and prima facie, no case is made out against him, hence, the impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. has submitted that from perusal of the allegations made in the impugned F.I.R., it cannot be said that no cognizable offence is made out against the petitioner, hence the impugned F.I.R. is not liable to be quashed. He has further submitted that the gangster act can be invoked even on the basis of single case. In support of his submissions, he has relied upon the Apex Court judgment in the case of Shraddha Gupta v. State of U.P. and others [2022 Law Suit (SC) 535].
After having examined the submissions advanced by learned counsel for the parties and perused the impugned F.I.R., we are of the opinion that the impugned F.I.R. discloses cognizable offence against the petitioner, hence, no interference is called by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioner.
The writ petition lacks merit and is, accordingly, dismissed.
[Jaspreet Singh, J.] [Ramesh Sinha, J.]
Order Date :- 27.6.2022
Shubhankar
