Vinod vs State Of U.P. And 2 Others
2023 Latest Caselaw 7305 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 1517 of 2023
 

 
Petitioner :- Vinod
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Manoj Kumar,Manish Kumar
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Surendra Singh-I,J.

Heard Shri Manish Kumar, learned counsel for the petitioner and Shri G.P. 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 17.12.2022 registered as Case Crime No. 482 of 2022, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Sector-113, District Gautam Buddha 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 the learned counsel for the petitioner that the impugned FIR has been lodged on the basis of two cases whereas in one case only one accused, namely, Dimple has been named whereas the other FIR is against unknown persons and, therefore, the petitioner has no connection with the allegation leveled against him.

Shri G.P. Singh, learned A.G.A. for the State submitted that in both the FIRs the name of the petitioner has figured during investigation and he has been charge-sheeted as well. He further 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 submit that for a single offence/FIR, an accused person can be prosecuted under the Gangster Act. It is also submitted that the petitioner has a criminal history of two cases and he is a member of the gang of several persons which includes several female members as well for organized crime.

Learned A.G.A. for the state further points out that Criminal Misc. Writ Petition No. 1941 of 2023, Sandeep alias Sunny vs. State of U.P. and 2 others, has already been dismissed by another Bench of this Court vide order dated 16.02.2023. The aforesaid order is quoted hereunder:

"Heard learned counsel for the petitioner and learned AGA for the State.

The instant petition seeks quashing of the impugned F.I.R. dated 17.12.2022 giving rise to Case Crime No.482 of 2022, under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act 1986, Police Station Sector 113, District Gautambudh Nagar.

Upon hearing learned counsel for the parties, we find that submissions made on behalf of the petitioners are his defence, which cannot be looked into while dealing with a writ petition seeking quashing of a first information report.

Moreover, the allegations made in the First Information Report clearly disclose commission of cognizable offences and the allegations are serious in nature. Therefore, prayer of the petitioner to quash the First Information Report is completely misconceived and is rejected.

The writ petition is therefore dismissed, without prejudice to the right of the petitioner to apply for bail/ anticipatory bail."

In such view of the matter, we are not able to persuade ourselves to take a different view in the matter.

The writ petition, accordingly, stands dismissed.

Order Date :- 14.3.2023

Brijesh Maurya