Court No. - 52

Case :- CRIMINAL MISC. WRIT PETITION No. - 11276 of 2021

Petitioner :- Muli Quraishi And Another

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Mohd. Jamshed Khan

Counsel for Respondent :- G.A.

Hon'ble Vivek Kumar Birla,J.

Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the petitioners and the learned A.G.A.

This writ petition has been filed with the prayer to quash the First Information

Report dated 23.09.2021 registered as Case Crime no. 138 of 2021, under

Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986,

P.S. Kachhawa, District Mirzapur. Further prayer has been made not to arrest the

petitioners in the aforesaid case.

Learned counsel for the petitioners vehemently contended that only on the basis

of solitary case, the proceeding under Section 3(1) of U.P. Gangster Act has been

drawn, which is liable to be set aside.

As has been propounded by Division Bench in Criminal Misc. Writ Petition

No. 4622 of 2019 (Somvir Vs. State of U.P. and 2 others) as well as in many

judgments by this Court that even a single case, if fulfills the category of

offences given under Section 2(b) (i) to (xv) of Act and is being committed by

gang defined under Section 2 (b) or gangster defined under Section 2 (c) of the

Act may be basis for registration of case crime number for offence punishable

under Section 2/3 of Uttar Pradesh Gangsters and Anti-Social Activities

(Prevention) Act, 1986. Therefore, the contention of petitioners that based on

solitary case, the imposition of Section 2/3 of U.P. Gangster Act is not leviable,

would have no bearing.

In view of the aforesaid dictum, even on the basis of solitary case, the provisions

of Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act 1986 can

be imposed.

In the facts and circumstances of the case, no case has been made out for

interference with the impugned first information report.

Consequently, the writ petition is dismissed.

Order Date :- 26.11.2021

Ujjawal