Gunja Verma And 2 Others vs State Of U.P. And 2 Others
2023 Latest Caselaw 3601 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 1498 of 2023
 

 
Petitioner :- Gunja Verma And 2 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Naveen Kumar Yadav,Saurabh Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Saurabh Srivastava,J.

Heard Sri Sudhir Kumar Agrawal, learned counsel holding brief of Sri Naveen Kumar Yadav, learned counsel for the petitioners and Sri Sushil Jaiswal, learned State Law Officer for the State respondents.

The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 24.05.2022 registered as Case Crime No. 62 of 2022, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Chilhia, District Siddharth Nagar, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

It has been submitted by learned counsel for the petitioners that the petitioners are lady and are not a member of any gang. It has been further submitted that the present first information report under the Gangster Act has been registered on the basis of single case after two years and the petitioners were neither named in the base FIR nor in the supplementary gang chart. As such, the impugned first information report is liable to be quashed.

Per contra, learned State Law Officer 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. He further submits that in the base FIR, chargesheet has already been submitted and imposition of Gangster Act after two years is well within the limitation provided under the Rules and there is no embargo in preparing the supplementary gang chart.

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

Present petition is accordingly dismissed.

Order Date :- 3.2.2023

Vivek Kr.