Sachin Pandey vs State Of U.P. And 2 Others
2023 Latest Caselaw 12889 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5154 of 2023
 
Petitioner :- Sachin Pandey
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Majahar Ali
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Surendra Singh-I,J.

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

The present writ petition has been preferred with the prayer to quash the impugned first information report dated 02.02.2023 registered as Case Crime No. 26 of 2023 under Section 3 (1) of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station- Lalganj, District- Mirzapur and for a direction to the respondents not to arrest the petitioner in pursuance of the impugned first information report.

It has been submitted by learned counsel for the petitioner that the present first information report under the Gangster Act has been registered on the basis of single case. As such, the impugned first information report is liable to be quashed.

Per contra, learned AGA has opposed the petition and 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) to submits that for a single offence/FIR, an accused person can be prosecuted under the Gangster Act. It is further pointed out that one petition being Criminal Misc. Writ Petition No. 4644 of 2023 (Mehtab Vs. State of U.P. and 2 Others) filed by co-accused Mehtab has already been dismissed by this Court vide order dated 27.03.2023. The aforesaid order is quoted hereunder :-

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

The instant writ petition seeks quashing of the FIR dated 02.02.2023 giving rise to Case Crime No. 0026 of 2023, under Sections 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station- Lalganj, District-Mirzapur.

Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the submissions made on behalf of the petitioner are his defence, which cannot be looked into while dealing with a writ petition seeking quashing of a first information report.

Moreover, the allegations made in the First Information Report clearly disclose commission of cognizable offences and the allegations are serious in nature. Therefore, prayer of the petitioner to quash the First Information Report is completely misconceived and is rejected.

The writ petition is, therefore, dismissed, without prejudice to the right of the petitioner to apply for bail/anticipatory bail."

We do not find any good ground to take a different view in the matter.

The petition stands dismissed.

Order Date :- 26.4.2023/Pratima