Tasavvar vs State Of U.P. And 2 Others
2023 Latest Caselaw 7566 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 6185 of 2022
 

 
Petitioner :- Tasavvar
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Mohd Imran Khan
 
Counsel for Respondent :- G.A.
 
with
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 9491 of 2022
 

 
Petitioner :- Amit Namdev
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Mohd Imran Khan
 
Counsel for Respondent :- G.A.
 
with
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 10854 of 2022
 

 
Petitioner :- Praveendra Singh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Mohd Imran Khan
 
Counsel for Respondent :- G.A. 
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Surendra Singh-I,J.

Heard Sri Zahid Khan, Advocate, holding brief of Sri Mohd Imran Khan, learned counsel for the petitioner and Sri Ratan Singh, learned A.G.A. for the State-respondents.

The above-mentioned writ petitions have been preferred with the identical prayer to quash the impugned First Information Report dated 25.03.2022 registered as Case Crime No. 390 of 2022, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S.- Kavi Nagar, District- Ghaziabad, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

Submission of learned counsel for the petitioners is that the provisions of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, has been imposed on the basis of single case.

Per contra, learned A.G.A. 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) and submits that for a single offence/FIR, an accused person can be prosecuted under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.

In such view of the matter, we do not find any good ground to quash the impugned F.I.R.

The above-mentioned writ petitions are, accordingly, dismissed.

Order Date :- 15.3.2023

KS