Nikhil Dhobi vs State Of U P And 2 Others
2023 Latest Caselaw 1218 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 15 of 2023
 

 
Petitioner :- Nikhil Dhobi
 
Respondent :- State Of U P And 2 Others
 
Counsel for Petitioner :- Akhilesh Kumar Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the petitioner and Sri Ratan Singh, 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 30.11.2022 registered as Case Crime No. 520 of 2022, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Mahuli, District Sant Kabir Nagar, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.

It has been submitted by learned counsel for the petitioner that the petitioner is only a labourer and is 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 and the petitioner the has no other criminal history. 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.

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 :- 11.1.2023

Vivek Kr.