Allahabad High Court
Munabbar vs State Of U.P. And 3 Others on 21 March, 2025
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:41485-DB
Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 3127 of 2025
Petitioner :- Munabbar
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Salman Ahmad,Umair Alam
Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J.
Hon'ble Praveen Kumar Giri,J.
1. Heard Shri Salman Ahmad, learned counsel for the petitioner and Shri Pankaj Kumar, learned AGA for the State respondents.
2. Present petition has been filed with a prayer for quashing the F.I.R. dated 06.02.2025 registered as Case Crime No. 30 of 2025 under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Kunderki, District Moradabad with a further prayer not to arrest the petitioner in pursuance of the impugned F.I.R.
3. Arising out of the same impugned first information report, this Bench has dismissed the Criminal Misc. Writ Petition Nos. 3475 of 2025 and 3474 of 2025 vide judgment dated 12.03.2025, which were argued on the same line.
4. The aforesaid order dated 12.03.2025 in Criminal Misc. Writ Petition No. 3475 of 2025 is reproduced hereinunder:
"1. Heard Shri Umair Alam, learned counsel for the petitioner and Shri S.S.R. Dwivedi learned AGA for the State respondents.
2. Present petition has been filed with a prayer for quashing the F.I.R. dated 06.02.2025 registered as Case Crime No. 30 of 2025 under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Kunderki, District Moradabad with a further prayer not to arrest the petitioner in pursuance of the impugned F.I.R.
3. Sole submission is that the impugned first information report has been lodged against the petitioner on the basis of solitary case and there is no other criminal history against the petitioner. It is also submitted that the gang chart suffers from application of mind and there is no material available on record to prove the gang chart.
4. 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.
5. We have considered the rival submissions and perused the record.
6. 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).
7. A reference may also be made to the judgement and order dated 4.8.2023 passed in Criminal Misc. Writ Petition No. 10708 of 2023 (Usman and 2 others vs. State of UP and 2 others) wherein all such aspects have been already been dealt with by this Court.
8. The writ petitions filed by co-accused persons, namely Criminal Misc. Writ Petition No.3879 of 2025 (Nazim vs. State of U.P. and others) and Criminal Misc. Writ Petition No.3848 (Babu Hazi and Another vs. State of U.P. and others) have already been decided by a co-ordinate bench of this Court on merits and the court has refused to quash the impugned order.
9. In view of the above, we do not find any good ground to show interference in the present matter.
10. Accordingly, the writ petition stands dismissed. "
5. The aforesaid order dated 12.03.2025 in Criminal Misc. Writ Petition No. 3474 of 2025 is reproduced hereinunder:
"1. Heard Shri Umair Alam, learned counsel for the petitioner and Shri S.S.R. Dwivedi learned AGA for the State respondents.
2. Present petition has been filed with a prayer for quashing the F.I.R. dated 06.02.2025 registered as Case Crime No. 30 of 2025 under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Kunderki, District Moradabad with a further prayer not to arrest the petitioner in pursuance of the impugned F.I.R.
3. Sole submission is that the impugned first information report has been lodged against the petitioner on the basis of solitary case and there is no other criminal history against the petitioner. It is also submitted that the gang chart suffers from application of mind and there is no material available on record to prove the gang chart.
4. 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.
5. We have considered the rival submissions and perused the record.
6. 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).
7. A reference may also be made to the judgement and order dated 4.8.2023 passed in Criminal Misc. Writ Petition No. 10708 of 2023 (Usman and 2 others vs. State of UP and 2 others) wherein all such aspects have been already been dealt with by this Court.
8. The writ petitions filed by co-accused persons, namely Criminal Misc. Writ Petition No.3879 of 2025 (Nazim vs. State of U.P. and others) and Criminal Misc. Writ Petition No.3848 (Babu Hazi and Another vs. State of U.P. and others) have already been decided by a co-ordinate bench of this Court on merits and the court has refused to quash the impugned order.
9. In view of the above, we do not find any good ground to show interference in the present matter.
10. Accordingly, the writ petition stands dismissed. "
6. In view of the above, we do not find any good ground to take a different view of the matter.
7. The writ petition stands dismissed.
Order Date :- 21.3.2025
K.Tiwari
