Raju Kumar @ Rajeev Kumar And 3 ... vs State Of U.P. And 3 Others
2023 Latest Caselaw 1751 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 468 of 2023
 

 
Petitioner :- Raju Kumar @ Rajeev Kumar And 3 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Avval Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Saurabh Srivastava,J.

Heard Sri Avval Singh, learned counsel for the petitioners, learned AGA for the State and perused the records.

By means of the present writ petition the petitioners are seeking quashing of the first information report dated 18.11.2022, registered as Case Crime No.142 of 2022, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station, Madhaogarh, District Jalaun with the further prayer not to arrest the petitioners pursuant to said FIR.

Submission of the learned counsel for the petitioners is that petitioners have been falsely implicated in the present case and no offence under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act is made out against the petitioners. Further submission is that the base FIR is in relation to Mines and Minerals (Development and Regulation ) Act, 1957 where only complaint could have been registered and on the basis thereof the petitioner have already paid the penalty as well as compounding, as such Gangster Act could not have been imposed against the petitioners.

Per contra, learned AGA opposed the prayer for quashing the first informant report and submits that once the base FIR has been registered under Sections 379, 411, 504, 353 IPC as well as under Section 4/21 of the Mines and Minerals (Development and Regulation ) Act, 1957 the contention that only complaint could have been registered is baseless in view of the judgment of Hon'ble Supreme Court in the case of Jayant Vs.State of Madhya Pradesh, (2021) 2 SCC 670. So far as the contention that Gangster Act could not have been applied on the basis of solitary case is concerned, the same is also baseless in view of the judgment of the Hon'ble Supreme Court in the case of Shraddha Gupta vs. The State of U.P., 2022 SCC OnLine SC 514.

In view of the above, the writ petition is devoid of merit and is accordingly dismissed.

Office is directed to place the photocopy of this order on record of Criminal Misc. Writ Petition No.19429 of 2022 (Rajeev Kumar Dubey vs. State of U.P. and three Others).

Order Date :- 17.1.2023

Nitendra