Vikash Malik vs State Of U.P. And Another
2023 Latest Caselaw 16767 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:117251-DB
 
Court No. - 45
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7674 of 2023
 
Petitioner :- Vikash Malik
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Anil Mullick
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Surendra Singh-I,J.

1. Heard Sri Anil Mullick, learned counsel for the petitioner and Sri G.P. 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 14.02.2023 registered as Case Crime No. 29 of 2023 under Section 2/3 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Rohta, District-Meerut and for a direction to the respondents not to arrest the petitioner in pursuance of the impugned first information report.

3. It has been submitted by learned counsel for the petitioner that the Gangster Act has been imposed on the basis of three cases lodged one after another and the petitioner was not named in the base FIRs. It is next submitted that other three cases are old and the petitioner was not named in the old cases as mentioned in the first information report and therefore the provisions of Gangster Act has wrongly been imposed.

4. Learned AGA, on instructions, submits that the petitioner has been chargesheeted in three cases mentioned in the gang chart and even after lodging of the first information report,one case being Case Crime No. 33 of 2023 has also been registered. He therefore submits that no interference is warranted. He has 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) to submit that for a single offence/FIR, an accused person can be prosecuted under the Gangster Act.

5. We find substance in the argument of learned AGA.

6. The present petition is accordingly dismissed.

Order Date :- 25.5.2023/Pratima