Jameel Ahmad And Another vs State Of U.P. And 2 Others
2023 Latest Caselaw 18197 ALL

Citation : 2023 Latest Caselaw 18197 ALL
Judgement Date : 19 July, 2023

Allahabad High Court

Jameel Ahmad And Another vs State Of U.P. And 2 Others on 19 July, 2023

Bench: Vivek Kumar Birla, Rajendra Kumar-Iv





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:143899-DB
 
Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 10334 of 2023
 

 
Petitioner :- Jameel Ahmad And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Vikrant Gupta
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Rajendra Kumar-IV,J.

1.Heard Shri Vikrant Gupta, learned counsel for the petitioners and the learned A.G.A. and perused the material available on record.

2. This writ petition has been filed for quashing the impugned First Information Report dated 30.05.2023 in Case Crime No. 194 of 2023, under Sections 3(1) of U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station-Swar, District Rampur as well as not to arrest the petitioners.

3. Submission of the learned counsel for the petitioners is that on the basis of solitary case, the provisions of Gangster Act has been wrongly imposed upon the petitioners. He further submits that two accused namely Faruk Khan @ Farukh Khan and Vasi Mohammad have been granted relief by the co-ordinate Bench of this Court vide orders dated 15.06.2023 passed in Crl. Misc. Writ Petition No. 9311 of 2023 (Farukh Khan @ Farukh Khan Vs. State of U.P. & 3 Others) and Crl. Misc. Writ Petition No. 9317 of 2023 (Vasi Mohammad Vs. State of U.P. & 3 Others), respectively.

4. Per contra, learned A.G.A. opposed the petitioners and submitted that in the recent case of Shraddha Gupta vs. The State Of Uttar Pradesh decided on 26 April, 2022 in Criminal Appeal No. 569-570 of 2022, Hon'ble Apex Court held that provisions of Gangster Act can be imposed only on the basis of solitary case and this law was not highlighted before the co-ordinate Bench of this Court. Further submission is that the arguments of learned counsel for the petitioners are therefore not sustainable in the light of judgment of Shraddha Gupta (Supra).

5. We found substance in the arguments of the learned A.G.A. as well as perusal of First Information Report also, prima facie reveals commission of cognizable offence and the petition file by the petitioners is devoid of merit.

6. The petition stands dismissed, accordingly.

Order Date :- 19.7.2023

Vibha