Taufiq Ahmad vs State Of U.P. And 2 Others
2023 Latest Caselaw 8300 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 18213 of 2022
 

 
Petitioner :- Taufiq Ahmad
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Mohammad Khalid
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Surendra Singh-I,J.

Heard learned counsel for the petitioner and Sri 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 03.09.2022 registered as Case Crime No. 0206 of 2022 under Section 2/3 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station- Khuldabad, District- Prayagraj and for a direction to the respondents not to arrest the petitioner in pursuance of the impugned first information report.

It has been submitted by learned counsel for the petitioner that the present first information report under the Gangster Act has been registered on the basis of single case and the petitioner has no other criminal history. As such, the impugned first information report is liable to be quashed.

Per contra, learned AGA 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) to submits that for a single offence/FIR, an accused person can be prosecuted under the Gangster Act.

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

Present petition is accordingly dismissed.

Order Date :- 21.3.2023

Pratima