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IN THE HIGH COURT OF ALLAHABAD
Vivek Kumar Birla, Rajendra Kumar-IV, JJ.
Sonu – Petitioner
Versus
State Of Uttar Pradesh And Others – Respondents
Criminal misc. Writ petition No. 10717 of 2023
Decided On : 13-07-2023
U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 - Section 2/3 - Quashing F.I.R. - Held, State Law Officer opposed prayer for quashing first information report and submits that gang chart itself reflects that chargesheet has been submitted against petitioner in base FIR - On perusal of records and first information report, find that a cognizable offence is made out - Writ petition dismissed.
JUDGMENT :
1. Heard Sri Shrawan Kumar Pandey, learned counsel for the petitioner and Sri Rajesh Kumar Madhesia, learned State Law Officer for the State respondents.
2. Present petition has been filed with a prayer for quashing the F.I.R. dated 09.06.2023, registered as Case Crime No. 0176 of 2023, under Section 2/3 Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Ganganagar, District Meerut with a further prayer not to arrest the petitioner in pursuance of the impugned F.I.R.
3. Submission of the learned counsel for the petitioner is that in the base FIR the petitioner was not named, however, his name has been figure out during investigation and he was granted bail by this Court and it is only on the basis of solitary case the provisions of Gangster Act has been imposed upon him.
4. Learned State Law Officer opposed the prayer for quashing the first information report and submits that gang chart itself reflects that the chargesheet has been submitted against the petitioner in the base FIR. He further submits that it has already been decided by Hon'ble Apex Court in the case of Shraddha Gupta vs The State Of Uttar Pradesh reported in 2022 SCC OnLine SC 514 that even on the basis of a single case Gangster Act can be imposed.
5. On perusal of records and first information report, we find that a cognizable offence is made out. We further find that Criminal Misc. Writ Petition No. 10035 of 2023 (Abdul Vs. State of Uttar Pradesh and Others) filed by the co-accused has already been dismissed by a co-ordinate Bench of this Court vide order dated 06.07.2023.
6. In view of the above, we do not find any good ground to take a different view in the matter.
7. Accordingly, the writ petition stands dismissed.
SupremeToday
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