Allahabad High Court
Jeetu Singh vs State Of U.P. And 2 Others on 20 September, 2023
Bench: Vivek Kumar Birla, Vinod Diwakar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:183114-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 12829 of 2023
Petitioner :- Jeetu Singh
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Akhilesh Srivastava, Saksham Srivastava
Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J.
Hon'ble Vinod Diwakar,J.
1. Heard Shri Saksham Srivastava, learned counsel for the petitioner and Shri Ratan Singh, learned AGA for the State-respondents.
2. Present petition has been filed with a prayer for quashing the impugned F.I.R. dated 29.7.2023 registered as Case Crime No.0368 of 2023, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Iglas, District Aligarh, with a further prayer not to arrest the petitioner in pursuance of the impugned F.I.R.
3. Submission of learned counsel for the petitioner is that on a solitary case, the provisions of Gangster Act has been imposed, which is not permissible in law, and there is a violation of the U.P. Gangster and Anti-Social Activities (Prevention) Rules, 2021.
4. We, however, find that in the entire petition, there is no such pleadings regarding violation the Gangster Rules, 2021, and the sole ground taken is that it is only on the basis of a single case, proceedings of Gangster Act has been invoked and the petitioner has no criminal history; he is a student; in the base FIR he has been enlarged on bail; and there is no fresh allegation or discovery of facts and the impugned FIR has been lodged to harass the petitioner, and the petitioner is neither the member nor the leader of any gang.
5. Learned A.G.A. submits that present controversy has already been decided by Hon'ble Apex Cour in the case of Shraddha Gupta vs The State Of Uttar Pradesh decided on 26 April, 2022 in Criminal Appeal No. 569-570 of 2022 that the provisions of Gangster Act can be imposed on the basis of a solitary case.
6. We have considered the rival submissions and perused the record. We find that no ground whatsoever regarding violation of the Gangster Rules, 2021 has been taken in the entire petition. Along with the copy of the petition, the base FIR, in relation to the gang leader Raju @ Raj Kumar or in relation to the petitioner- Jeetu Singh, has not been annexed. The base FIR has been lodged under the provisions of NDPS Act and the gang-chart clearly mentions that the gang was arrested on 2.4.2023 with huge quantity of narcotic substance.
7. Rule 4 clearly provides that the presence of the accused at the scene of incident or direct participation in the incident not necessary. The provisions of Gangster Act can be imposed on a solitary case as per Rule 22 of the Gangster Rules, 2021.
8. Rule 22 of the Gangster Rule, 2001 clearly provides that criminal history is not required and the FIR under the Gangster Act can be registered on the basis of a single case. Hon'ble Apex Court has also held the same in Shraddha Gupta (supra).
9. A reference may also be made to the judgment and order dated 4.8.2023 passed in Criminal Misc. Writ Petition No.10708 of 2023 (Usman and 2 others v. State of U.P. and 2 others), wherein all such aspects have already been dealt with by this Court.
10. In view of the above, we do not find any good ground to show interference in the present matter.
11. Accordingly, the writ petition stands dismissed.
Order Date :- 20.9.2023
Anil K. Sharma
