Badri Narayan Yadav vs State Of U.P. And 3 Others
2023 Latest Caselaw 15074 ALL

Citation : 2023 Latest Caselaw 15074 ALL
Judgement Date : 12 May, 2023

Allahabad High Court

Badri Narayan Yadav vs State Of U.P. And 3 Others on 12 May, 2023

Bench: Vivek Kumar Birla, Surendra Singh-I




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:102963-DB
 
Court No. - 45
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 2948 of 2023
 
Petitioner :- Badri Narayan Yadav
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Yadvesh Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Surendra Singh-I,J.

1. Heard Sri Yadvesh Yadav, learned counsel for the petitioner and Sri Ratan Singh, learned A.G.A. for the State-respondents.

2. The present writ petition has been preferred with the prayer to quash the impugned first information report dated 17.01.2023 registered as Case Crime No. 28 of 2023 under Section 3 (1) of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station- Cantt. District- Varanasi and for a direction to the respondents not to arrest the petitioner in pursuance of the impugned first information report.

3. In the present petition, gang chart has not been annexed, however by drawing attention to the contents of the first information report it is submitted that the only two cases are pending against the petitioners whereas he has been falsely implicated and in one of the cases, the first information report was lodged against unknown persons and name of the petitioner is figured during investigation and he has been granted bail in all offences.

4. Per contra, learned AGA, on instructions, submits that there is criminal history of five cases against the petitioner of identical nature and charge-sheet has been submitted therein and there is no merit in the present case. It is next submitted that in view of the judgment of the Apex Court in Shraddha Gupta Vs. State of U.P. and others (Criminal Appeal Nos.569-570 of 2022, decided on 26.04.2022), the provisions of Gangster Act can be imposed even on a single case.

5. We find substances in the arguments of learned AGA.

6. The petition is devoid of merit and is accordingly dismissed.

Order Date :- 12.5.2023

Pratima