Varun Agrawal And Another vs State Of U.P. And 2 Others
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Allahabad High Court

Varun Agrawal And Another vs State Of U.P. And 2 Others on 4 January, 2024

Author: Mahesh Chandra Tripathi

Bench: Mahesh Chandra Tripathi

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:1871-DB
 
Court No. - 42
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 19888 of 2023
 

 
Petitioner :- Varun Agrawal And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Shive Datta Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.
 

Hon'ble Gajendra Kumar,J.

1. Heard learned counsel for the petitioners and learned AGA for the State.

2. This writ petition has been filed with the prayer to quash the First Information Report, registered as Case Crime No.272 of 2023, under Sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Kamla Nagar, District Agra.

3. Learned counsel for the petitioners 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 petitioners were falsely implicated in the base F.I.R. and also argued the other factual aspects of the matter that how the petitioners have 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.

8. Dismissal of this writ petition, however, will not preclude the petitioners from seeking appropriate protection under the Code of Criminal Procedure, which shall be dealt with on its own merit and in accordance with law.

Order Date :- 4.1.2024

A. Pandey