Ambuj Parag Dubey vs State Of U. P. - 2022 Supreme(All) 1588

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 1588

SUNEET KUMAR, SYED WAIZ MIAN
Ambuj Parag Dubey – Appellant
Versus
State Of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Rakesh Dubey, Sr. Advocate Counsel

JUDGMENT :

1. Heard Sri Rakesh Dubey, learned counsel appearing for the petitioners and learned A.G.A. for the State-respondents.

2. Facts of Writ Petition No. 16983 of 2022 is being referred to for the sake of convenience.

3. Petitioners by the instant writ petition, seek quashing of FIR bearing Case Crime No. 0424 of 2022 lodged under Section 3(1) of the The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (For short ‘Gangster Act’) at Police Station-Bhognipur, District Kanpur Dehat. The FIR came to be lodged by the In-charge Inspector P.S. Bhognipur, wherein, the second petitioner has been shown as the gang leader along with ten other members of the gang, including, first and third petitioners. Against the second petitioner/gang leader three base cases have been included in the gang-chart, whereas, against the first and second petitioners one base case have been shown. In Writ Petition No. 18326 of 2022, the petitioner is at serial no. 6 of the gang-chart and two cases have been shown against him.

4. It is alleged in the FIR that the petitioners, along with other members, are operating as a gang and have committed offence under Section 302 IPC and other econ