Point of Law: Criminal Law - FIR - Lodging of a first information report on the basis of a single case, is valid and permissible single case, is valid and permissible - In a petition under Article 226 of the Constitution of India - This Court cannot adjudicate the correctness of the allegations in the impugned first information reports - the cases on the basis of which the impugned first information reports have been lodged - The writ petitions are thus dismissed - Writ Petition dismissed.

JUDGMENT :

SAMIT GOPAL, J.

1. Matter taken up through video conferencing.

2. The above-mentioned 12 writ petitions are connected together with 11 other writ petitions and are listed today in the additional/unlisted list and as such, a total of 23 writ petitions are connected together. Out of 23 writ petitions connected together, one writ petition being Criminal Misc. Writ Petition No. 4216 of 2021 (Manish vs. State of U.P. and Others) has been prayed to be dismissed as infructuous by the learned counsel appearing therein on behalf of the petitioner and as such, separate order has been passed dismissing the same as being infructuous.

3. The above-mentioned 12 writ petitions have been stated to be urgent in nature by the learned counsels appearing on behalf of the petitioners and they have prayed that their cases be heard and decided inspite of non-appearance of other learned counsels appearing in the connected matters to which learned Additional Government Advocates appearing for the State of U.P. have no objection and as such, this Court proceeds to hear and decide the above-mentioned 12 writ petitions on their own merits.

4. The present bunch of writ petitions along with other writ petitions are connected together on the following question:

“Whether a first information report under the provisions of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 [hereinafter referred to as the ‘Gangsters Act’] can be lodged and is maintainable on the basis of involvement of the petitioners/accused in a single previous case.”

5. The common ground as raised in all the writ petitions is that the petitioners have been made accused in the impugned first information reports which have been lodged under the provisions of the Gangsters Act on the basis of their involvement in a solitary case and even the gang chart prepared and approved by the authority shows that there is a single case against them on the basis of which, the impugned first information report has been registered which is illegal and against the essence of the Gangsters Act. The said first information report could not have been lodged on the basis of a solitary case and as such, the said writ petitions should be allowed and the respective impugned first information reports be quashed.

6. Criminal Misc. Writ Petition No. 3938 of 2021 has been filed challenging the first information report of Case Crime No. 0069 of 2021, under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali, District Basti. Sri. Amrendra Pratap Singh, learned counsel appearing in matter argued that:

(i) The petitioner has been falsely implicated in the present case on the basis of concocted facts and influence of illegal politics.

(ii) The impugned first information report has been lodged on the basis of a single case shown against the petitioner in which he has been granted bail vide order dated 09.02.2021 passed by the trial court.

(iii) No offence whatsoever is made out against the petitioner.

(iv) There is no independent witness of the alleged incident and the story narrated by the police is false. The petitioner is a peace loving and law abiding citizen.

(v) The lodging the impugned first information report on the basis of a solitary case is illegal. There is no evidence on record to show that the petitioner is either a gang leader or member of any gang as there is no evidence whatsoever to show that there was a meeting of mind of persons to commit the offence. There is no evidence to show that the petitioner along with co-accused collectively committed the offence. There is no material to show that the alleged gang is operating.

7. Criminal Misc. Writ Petition No. 1296 of 2021 has been filed challenging the first information report of Case Crime No. 297 of 2020, under Sections 2/3 (1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Colonelganj, District Prayagraj. Sri. Aadesh Kuma