Om Prakash vs The State Of U.P Thru Home Secy. ...
2022 Latest Caselaw 2755 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 
Case :- APPLICATION U/S 482 No. - 4712 of 2014
 
Applicant :- Om Prakash
 
Opposite Party :- The State Of U.P Thru Home Secy. Lucknow And Ors.
 
Counsel for Applicant :- Bhola Singh Patel,Pravin Kumar Verma
 
Counsel for Opposite Party :- Govt. Advocate
 
Hon'ble Karunesh Singh Pawar,J.

(I.A. No. 2 of 2022 - Recall application)

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

On due consideration to the averments made in the affidavit filed in support of the application for recall of the order, so also the argument advanced by the petitioner, the recall application is allowed. Accordingly, the order dated 09.02.2022 is hereby recalled.

(Order on petition)

Short submission of learned counsel for the petitioner is that the provisions of the U.P. Gangster Act have been invoked and the case under the gangster act has been registered against the petitioner although he is involved in only one case. It is submitted on behalf of the petitioner that gangster act shall not be applicable and no charge sheet under gangster act could be filed if there is only one case against the accused.

Learned A.G.A. has opposed the submissions advanced by the learned counsel for the petitioner submitting that even for a single incident the accused can be prosecuted under the gangster act. He has relied on the judgment of this Court reported in "(2021) 116 SCC 546", Santosh Batham Vs. State of U.P. Emphasis is on para 27 of the judgment.

On due consideration to the argument advanced by the parties as well as perusal of the record, so also perusal of the judgment of this Court passed in the case of Santosh Batham (supra), I am in agreement with the submissions of learned A.G.A. that on a solitary case, gangster act can be invoked.

The petition lacks merits and is accordingly dismissed.

Order Date :- 13.5.2022/R.C.