Anuj Rajput vs State Of U.P. And 3 Others
2023 Latest Caselaw 13903 ALL

Citation : 2023 Latest Caselaw 13903 ALL
Judgement Date : 2 May, 2023

Allahabad High Court

Anuj Rajput vs State Of U.P. And 3 Others on 2 May, 2023

Bench: Vivek Kumar Birla, Surendra Singh-I




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 6731 of 2023
 

 
Petitioner :- Anuj Rajput
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Jadu Nandan Yadav,Arimardan Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Surendra Singh-I,J.

Heard Sri Arimardan Yadav, learned counsel for the petitioner and 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 16.03.2023 registered as Case Crime No. 84 of 2023 under Section 3(1) of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station- Thathiya, District- Kannauj.

Submission of learned counsel for the petitioner is that the petitioner was not named in the base F.I.R. and his name has figured during investigation only and 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 writ petition, accordingly, stands dismissed.

Order Date :- 2.5.2023