Allahabad High Court
Jitendra Kumar vs State Of U.P. Thru. Addl. Chief ... on 23 May, 2023
Bench: Sangeeta Chandra, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:36343-DB
Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 3901 of 2022
Petitioner :- Jitendra Kumar
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Secy. Home Deptt. Lko. And Others
Counsel for Petitioner :- Saurabh Yadava,Jitendra Giri
Counsel for Respondent :- G.A.
Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner, learned AGA who appears on behalf of State-respondents and perused the record.
This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of Certiorari for quashing the impugned First Information Report dated 22.5.2022 registered as Case Crime No. 0237 of 2022 dated 22.5.2022 under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Deva, District Barabanki and for a direction to the opposite parties not to proceed, prosecute or arrest the petitioners pursuant to the impugned FIR.
This Court has perused the short counter affidavit which has been filed by the State-respondents on 5.4.2023. This court has also seen the contents of the FIR and the gang chart which mentions that charge sheet has been filed against the petitioner in this case.
This Court does not find any good ground to extend the interim order granted earlier in this petition.
The writ petition was entertained initially only because the counsel for the petitioner had argued that the gangster act has been invoked against the petitioner only on the basis of one case in which also he has been enlarged on bail by this court vide order dated 11.2.2021 passed in Bail No. 4056 of 2020 and it was stated that nothing on record except the aforesaid criminal case, thus, the satisfaction recorded by the authorities for invoking the gangster act is vitiated.
However, the learned AGA has pointed out 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."
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.
The writ petition is dismissed leaving it open for the petitioner to apply before the competent court for bail as permissible under law and in accordance with law.
Order Date :- 23.5.2023
AKK
