Sagar vs State Of U.P. And 3 Others
2023 Latest Caselaw 7568 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 1962 of 2022
 

 
Petitioner :- Sagar
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Ajay Kumar
 
Counsel for Respondent :- G.A
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Surendra Singh-I,J.

Heard Shri Chandrabhan Singh, Advocate holding brief of Shri Ajay Kumar, learned counsel for the petitioner and Shri Ratan Singh, learned A.G.A. for the State-respondents.

In the present case, a short counter affidavit has been filed. Learned counsel for the petitioner was granted time to file a rejoinder affidavit vide order dated 08.12.2022, however, no rejoinder affidavit has been filed till date.

The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 30.06.2022 registered as Case Crime No. 124 of 2021, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Chaubeypur, District Kanpur Dehat and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.

We find that initially an interim order dated 04.03.2022 was granted in favour of the petitioner on the argument of learned counsel for the petitioner that the provisions of Gangsters Act have been imposed on the basis of one case only. This court finds that now the law has been settled 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 held that the provisions of Gangsters Act can be imposed even in solitary case.

We, therefore, do not find any good ground to keep the matter pending. In view of the judgment of Hon'ble Apex Court in the case of Shraddha Gupta (supra), the petition stands dismissed, accordingly.

Order Date :- 15.3.2023

Brijesh Maurya