Madan Prajapati vs State Of U.P. And 3 Others
2023 Latest Caselaw 9045 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3693 of 2023
 

 
Petitioner :- Madan Prajapati
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Mohd. Monis
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Surendra Singh-I,J.

Heard Sri Mohd. Monis, learned counsel for the petitioner and Sri Ratan Singh, learned A.G.A. for the State-respondents.

This writ petition has been preferred with the prayer to quash the impugned First Information Report dated 23.10.2022 registered as Case Crime No. 238 of 2022, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S.- Bahariya, District- Prayagraj, 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.

Learned A.G.A. submits that charge-sheet has been submitted in the base first information report.

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

The writ petition, is accordingly, dismissed.

Order Date :- 27.3.2023

KS