Alok Singh vs State Of U.P. And 2 Others
2023 Latest Caselaw 15275 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:106569-DB
 
Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7088 of 2023
 

 
Petitioner :- Alok Singh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Mukesh Chandra Gupta,Shubham Prakash Gupta
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Surendra Singh-I,J.

1. Heard Sri Mukesh Chandra Gupta, learned counsel for the petitioner and Smt. Manju Thakur, learned A.G.A. for the State-respondents.

2. This writ petition has been preferred with the prayer to quash the impugned First Information Report dated 07.04.2023 registered as Case Crime No. 188 of 2023, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S.- Kankerkheda, District- Meerut, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.

3. Submission of learned counsel for the petitioner is that the provisions of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, has been imposed on the basis of only two cases wherein he has already been granted bail.

4. 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 has also submitted that the petitioner has criminal history of two cases wherein charge-sheet has already been filed.

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

6. The writ petition, is accordingly, dismissed.

Order Date :- 15.5.2023

KS