Shashikant Yadav vs State Of U.P. And 2 Others
2023 Latest Caselaw 13657 ALL

Citation : 2023 Latest Caselaw 13657 ALL
Judgement Date : 1 May, 2023

Allahabad High Court

Shashikant Yadav vs State Of U.P. And 2 Others on 1 May, 2023

Bench: Vivek Kumar Birla, Surendra Singh-I




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5938 of 2023
 

 
Petitioner :- Shashikant Yadav
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Saroj Kumar Dubey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Surendra Singh-I,J.

Heard Sri Saroj Kumar Dubey, learned counsel for the petitioner and Sri A.N. Mulla, learned A.G.A. for the State.

The present writ petition has been preferred with the prayer to quash the impugned first information report dated 28.02.2023 registered as Case Crime No. 90 of 2023 under Sections 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station- Devgaon, District- Azamgarh, and for a direction to the respondents not to arrest the petitioner in pursuance of the impugned first information report.

Learned counsel for the petitioner has submitted that the provisions of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, has been imposed on the basis of single case and there is a violation of Rule 5 and Rule 16 of U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021 and therefore, the impugned F.I.R. is liable to be quashed.

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. He also submitted that there is no violation of U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021.

We find that the entire scheme of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, as well as the rules framed thereunder have already been considered by this Court in detail in Ambuj Parag Dubey And 2 Others Vs. State Of U.P. And 2 Others, 2022 (4) ACR 3878 and in Criminal Misc. Writ Petition No. 2683 of 2023, Virendra Kasaudhan Vs. State Of U.P. And 3 Others, decided on 19.04.2023.

We, therefore, do not find any good ground to take a different view in the matter.

The writ petition is devoid of merits and is accordingly, dismissed.

Order Date :- 1.5.2023