Allahabad High Court
Lal Mohd. And Another vs State Of U.P. Thru. Prin. Secy. ... on 3 May, 2023
Bench: Sangeeta Chandra, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 3494 of 2023
Petitioner :- Lal Mohd. And Another
Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Civil Secrett. Lko. And 3 Others
Counsel for Petitioner :- Vivek Pandey
Counsel for Respondent :- G.A.
Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Narendra Kumar Johari,J.
1. This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of writ of Certiorari for quashing the impugned First Information Report dated 30.4.2023 registered as FIR No. 0132 of 2023 under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Khargupur, District Gonda and for a direction to the respondents to produce the gang chart, if any, prepared them on the basis of which the respondent no. 4 has lodged the impugned FIR and also not to arrest the petitioners pursuant to the impugned FIR.
2. On the last occasion, this case was fixed for today at 2:15 vide order dated 2.5.2023 passed by this Court but when the case was called out today at 2:15 PM, a request was made by Sri Vivek Pandey, learned counsel for the petitioner for the matter to be taken up after five minutes and when the matter was called out again at 3:20 PM, Sri Vivek Pandey, learned counsel for the petitioner was not present and the matter was again taken up at 3:35 PM and again a request has been made that learned Senior Advocate is busy in another court.
3. This Court has perused the earlier order and also a gang chart, copy of which has been produced by the learned AGA before this Court, this Court is not convinced with the argument of learned Senior Advocate which has been made on the last occasion that without preparation of gang chart in accordance with Rules, the impugned FIR has been lodged but to satisfy ourselves residue the veracity of the argument of learned Senior Advocate, this Court had fixed the matter for today with a direction to the learned AGA to produce a copy of the gang chart.
4. Learned AGA has produced a copy of the gang chart before this Court, the Court has carefully gone through the same which has been prepared in accordance with Rules and it has been duly approved also by the District Magistrate on 29.4.2023.
5. Learned AGA has vehemently opposed the writ petition and submitted that even though the petitioner has been accorded bail in the case as shown in the gang chart but the law is already settled that even on the basis of solitary case proceeding under the Gangster Act may be drawn. In this regard, he has placed reliance upon the judgment passed by Hon'ble the Division Bench in Criminal Misc. Writ Petition No. 4622 of 2019 (Somvir Vs. State of U.P. and 2 others) as well as in many judgments by this Court, wherein it is propounded that even a single case, if fulfills the category of offences given under Section 2(b) (i) to (xv) of Act and is being committed by gang defined under Section 2 (b) or gangster defined under Section 2 (c) of the Act may be basis for registration of case crime number for offence punishable under Section 2/3 of Gangster Act. Therefore, the contention of petitioners that based on two cases, the imposition of Section 2/3 of Gangster Act is not leviable, would have no bearing. Reliance has also been placed on the judgment of Hon'ble the Apex Court in Shraddha Gupta Versus State of Uttar Pradesh and others, 2022 SCC OnLine SC 514, wherein the Apex Court had an occasion to consider as to whether prosecution under the Gangster Act can be initiated against a person even in case of single offence/FIR/charge sheet for any of the anti-social activities mentioned in Section 2(b) of the Gangster Act. The relevant portion of the order reads thus:
"On a fair reading of the definitions of 'Gang' contained in Section 2(b) and 'Gangster' contained in Section 2(c) of the Gangsters Act, a 'Gangster' means a member or leader or organiser of a gang including any person who abets or assists in the activities of a gang enumerated in clause (b) of Section 2, who either acting singly or collectively commits and indulges in any of the anti-social activities mentioned in Section 2(b) can be said to have committed the offence under the Gangsters Act and can be prosecuted and punished for the offence under the Gangsters Act. There is no specific provision under the Gangsters Act, 1986 like the specific provisions under the Maharashtra Control of Organized Crime Act, 1999 and the Gujarat Control of Terrorism and Organized Crime Act, 2015 that while prosecuting an accused under the Gangsters Act, there shall be more than one offence or the FIR/charge sheet. As per the settled position of law, the provisions of the statute are to be read and considered as it is. Therefore, considering the provisions under the Gangsters Act, 1986 as they are, even in case of a single offence/FIR/charge sheet, if it is found that the accused is a member of a 'Gang' and has indulged in any of the anti-social activities mentioned in Section 2(b) of the Gangsters Act...Therefore, so far as the Gangsters Act, 1986 is concerned, there can be prosecution against a person even in case of a single offence/FIR/charge sheet for any of the anti-social activities mentioned in Section 2(b) of the Act provided such an anti-social activity is by violence, or threat or show of violence, or intimidation, or coercion or otherwise with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person."
6.Considering the facts and circumstances as well as the judgments cited above, we are also of the opinion that even on the basis of solitary case the provisions of Gangster Act can be imposed and, as such, we are not inclined to interfere in the matter.
7.The writ petition is, accordingly, dismissed.
Order Date :- 3.5.2023
AKK
