Court No. - 40

Case :- CRIMINAL MISC. WRIT PETITION No. - 3807 of 2021

Petitioner :- Gyanendra Kumar Tiwari

Respondent :- State of U.P. and Others

Counsel for Petitioner :- Sitaram Yadav

Counsel for Respondent :- G.A.

Hon'ble Manoj Misra,J.

Hon'ble Syed Aftab Husain Rizvi,J.

Heard learned counsel for the petitioner; learned A.G.A. for the

respondents 1, 2 and 3; and perused the record.

The instant petition seeks quashing of the first information

report dated 28.04.2021 registered as Case Crime No.140 of

2021, under Section 2/3 of U.P. Gangster & Anti Social

Activities (Prevention) Act, P.S. Saini, District Kaushambi.

The allegation in the impugned first information report is in

respect of constitution of a gang indulging in inter-state

narcotics trafficking. The FIR recites confessional statement of

gang member to that effect, which resulted in registration of

Case Crime No.332 of 2020 under Section 8/20 of NDPS Act.

The contention of the learned counsel for the petitioner is that

on the basis of a solitary case under the NDPS Act, in which the

petitioner has already been granted bail, an inference cannot be

drawn that the petitioner is a habitual criminal indulging in

organized crime.

Be that as it may, it is not the requirement of law that before

registration of a first information report under the Gangsters Act

there should be multiple cases registered against the persons

concerned. If there exist material to infer existence of a gang

indulging in specified anti-social activities, an FIR under the

Gangsters Act can be lodged. As the allegations made are that

the accused persons have constituted a gang indulging in inter-

state narcotics trafficking, the matter would have to be

investigated, therefore the prayer of the petitioner to quash the

first information report cannot be accepted, at this stage.

The petition is dismissed without prejudice to the right of the

petitioner to apply for bail.

Order Date :- 25.5.2021

AKShukla/-

Digitally signed by Justice Manoj

Misra

Date: 2021.05.25 17:10:35 IST

Reason: Document Owner

Location: High Court of Judicature at

Allahabad

Digitally signed by SYED AFTAB

HUSAIN RIZVI

Date: 2021.05.25 17:43:06 IST

Reason: Document Owner

Location: High Court of Judicature at

Allahabad