Pappu Singh vs State Of U.P. And 2 Others
2023 Latest Caselaw 10102 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 4743 of 2023
 

 
Petitioner :- Pappu Singh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Harendra Prasad Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Surendra Singh-I,J.

Heard Sri Harendra Prasad Yadav, learned counsel for the petitioner and Sri Ratan Singh, learned A.G.A. for the State-respondents.

The writ petition has been preferred with the prayer to quash the impugned First Information Report dated 20.02.2023 registered as Case Crime No. 46 of 2023, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S.- Lalpur/Pandeypur, District- Varanasi, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.

Submission of learned counsel for the petitioner is that the provisions of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, has been imposed on the basis of single case in which the petitioner is already on bail.

We find that the gang chart has not been annexed with the present petition.

However, learned A.G.A. has opposed the petition and produced a copy of the gang chart wherein he states that in the base F.I.R., charge-sheet has already been submitted. He has placed reliance upon the judgment rendered by Hon'ble the Apex Court in the case of Shraddha Gupta Vs. State of U.P. and others (Criminal Appeal Nos.569-570 of 2022, decided on 26.04.2022) and submits that for a single offence/FIR, an accused person can be prosecuted under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.

In such view of the matter, we do not find any good ground to quash the impugned F.I.R.

The writ petition is, accordingly, dismissed.

Order Date :- 5.4.2023

KS