Imran vs State Of U.P. Thru. Secy. Home ...
2022 Latest Caselaw 16128 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 8169 of 2022
 
Petitioner :- Imran
 
Respondent :- State Of U.P. Thru. Secy. Home Civil Secrett. U.P. Lko. And Others
 
Counsel for Petitioner :- Kaushal Kishore Tewari
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rajesh Singh Chauhan,J.

Hon'ble Mohd. Aslam,J.

Heard learned counsel for the petitioner and learned AGA for the State.

By means of this petition, the petitioner has prayed following main reliefs:-

"A. Issue a writ, order or direction to the nature of certiorari quashing the impugned F.I.R. dated 16-10-2022 lodged by the opposite party no-3 vide crime no.0450 of 2022 u/s 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act 1986 at P.S. Mall District- Lucknow. (contained as Annexure no.1)

B. Issue writ, order or direction to the nature of the mandamus commanding to the opposite parties not to arrest the petitioner in case crime no.0450 of 2022 u/s 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act 1986 at P.S. Mall District- Lucknow."

Learned counsel for the petitioner has submitted that for a solitary incident/ crime case, the Gangster Act against the petitioner has been imposed.

Learned AGA has drawn attention of this Court towards the judgment of the Apex Court in re; Shraddha Gupta v. State of Uttar Pradesh and Others, AIR 2022 SC 2062, wherein the Apex Court has observed that even on the solitary incident/ crime case, the Gangster Act may be imposed.

In view of the aforesaid fact, we are not inclined to interfere in the impugned FIR. Accordingly, this writ petition is dismissed. However, it is always open for the petitioner to take appropriate remedy available under the law.

[Mohd. Aslam,J.] [Rajesh Singh Chauhan,J.]

Order Date :- 4.11.2022 /RBS/-