Jumman Ali vs State Of U.P. And 2 Others
2022 Latest Caselaw 2290 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5158 of 2022
 
Petitioner :- Jumman Ali
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Abdul Saleem Ahamad
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Rajnish Kumar,J.

Criminal Misc. Writ Petition No.11276 of 2021 filed by the co-accused against the impugned First Information Report dated 23.09.2021, registered as Case Crime No.138 of 2021 under section 3(1) of UP Gangster and Anti-social Activities (Prevention) Act, 1986, Police Station Kachhawa, District Mirazapur has already been dismissed by the Co-ordinate Bench vide following order passed on 26.11.2021:-

"Heard learned counsel for the petitioners and the learned A.G.A.

This writ petition has been filed with the prayer to quash the First Information Report dated 23.09.2021 registered as Case Crime no. 138 of 2021, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Kachhawa, District Mirzapur. Further prayer has been made not to arrest the petitioners in the aforesaid case.

Learned counsel for the petitioners 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 petitioners 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.

Consequently, the writ petition is dismissed."

There appears no reason to take a different view and, therefore, the present writ petition also fails and is dismissed.

Order Date :- 7.5.2022

Ashok Kr.