Rajeev Chauhan vs State Of U.P. And 3 Others
2023 Latest Caselaw 15334 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:106317-DB
 
Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 6598 of 2023
 

 
Petitioner :- Rajeev Chauhan
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Sudhir Mehrotra,Suyash Mehrotra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Surendra Singh-I,J.

1. Heard Sri Sudhir Mehrotra, learned counsel for the petitioner and Sri Ratan Singh, learned A.G.A. for the State.

2. The present writ petition has been preferred with the prayer to quash the impugned first information report dated 31.03.2023 registered as Case Crime No. 32 of 2023 under Sections 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station- Titron, District- Saharanpur, and for a direction to the respondents not to arrest the petitioner in pursuance of the impugned first information report.

3. 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. He further tried to show the manner in which the petitioner was falsely implicated in the base F.I.R. and also argued the other factual aspects of the matter that how the petitioner has been falsely implicated. It was also submitted that while preparing the gang chart, provisions of U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021, have not been followed. Attention was drawn to Rules 5, 10, 16 and 17 of U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021, in support of his arguments.

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 also submitted that in the base F.I.R., charge-sheet has also been submitted and there is no violation of U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021.

5. Insofar as the violation of U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021, are concerned, 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.

6. In view of the above, we do not find any illegality in the preparation of gang chart.

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

Order Date :- 16.5.2023

KS