Gaurav vs State Of U.P. And 2 Others
2023 Latest Caselaw 27064 ALL

Citation : 2023 Latest Caselaw 27064 ALL
Judgement Date : 4 October, 2023

Allahabad High Court

Gaurav vs State Of U.P. And 2 Others on 4 October, 2023

Bench: Anjani Kumar Mishra, Vivek Kumar Singh





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:190578-DB
 
Court No. - 43
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 15530 of 2023
 

 
Petitioner :- Gaurav
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Sudhir Kumar Agarwal,Radha Krishan
 
Counsel for Respondent :- G.A.,Aditi Pandey,Ramesh Kumar Tiwari
 

 
Hon'ble Anjani Kumar Mishra,J.

Hon'ble Vivek Kumar Singh,J.

1. Heard learned counsel for the petitioner, learned counsel for the first informant and learned A.G.A. for the State.

2. The instant writ petition seeks quashing of the FIR dated 30.08.2023 giving rise to Case Crime No.0291 of 2023, under Sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, Police Station- Sadar Bazar, District- Mathura.

3. The contention of learned counsel for the petitioner is that the provisions of Gangsters Act have been imposed upon the petitioner on the basis of a single base case.

4. Learned AGA has opposed the submission made by learned counsel for the petitioner and states that it is settled law that the provisions of Gangsters Act can be invoked on the basis of a single base case. He has placed reliance upon the judgment passed by Hon'ble Apex Court in Shraddha Gupta v. State of U.P. and others, 2022 AIR SC 2062.

5. Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the submissions made on behalf of the petitioner are his defence, which cannot be looked into while dealing with a writ petition seeking quashing of a first information report.

6. Moreover, the allegations made in the First Information Report clearly disclose commission of cognizable offences and the allegations are serious in nature. Therefore, prayer of the petitioner to quash the First Information Report is completely misconceived and is rejected.

7. The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail.

Order Date :- 4.10.2023

Aditya Tripathi