Prince Yadav vs State Of U.P. And 3 Others
2023 Latest Caselaw 5037 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 2554 of 2023
 
Petitioner :- Prince Yadav
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Brij Bhushan Prasad Shrivastava
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Rajiv Gupta,J.

Heard Shri B.B.P. Srivastava, learned counsel for the petitioner, learned A.G.A. for the State-respondents and perused the impugned F.I.R. as well as material brought on record.

The present writ petition has been filed by the petitioner, Prince Yadav with a prayer to issue a writ in the nature of certiorari to quash the impugned F.I.R. dated 05.01.2023 registered as F.I.R./Case Crime No.17 of 2023, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as "Gangster Act"), Police Station Kotwali, District Deoria with a further prayer to not arrest the petitioner in pursuance of impugned F.I.R.

It has been argued by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the present case on the basis of criminal history of ten cases against the petitioner, details of which are mentioned in para 8 of the instant writ petition. He next argued the impugned F.I.R. under the Gangster Act has been lodged on 05.01.2023, which is just an abuse of process of law. He next argued that the petitioner is neither member nor run any gang involved in anti-social activities, hence he does not fall within the ambit of gangster as defined under Section 2(c) of the Gangster Act. It has further been argued that the petitioner has not committed any offence and, prima facie, no case is made out against him, hence, the impugned F.I.R. is liable to be quashed.

Per contra, learned A.G.A. has submitted that from perusal of the allegations made in the impugned F.I.R., it cannot be said that no cognizable offence is made out against the petitioner, hence the impugned F.I.R. is not liable to be quashed. He has further submitted that the Gangster Act can be invoked even on the basis of single case. In support of his submissions, he has relied upon the Apex Court judgment in the case of Shraddha Gupta v. State of U.P. and others [2022 Law Suit (SC) 535].

After having examined the submissions advanced by learned counsel for the parties and perused the impugned F.I.R., we are of the opinion that the impugned F.I.R. discloses cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioner.

The petition lacks merit and is, accordingly, dismissed.

(Rajiv Gupta, J.) (Ramesh Sinha, J.)

Order Date :- 15.2.2023

Shubhankar