Court No. - 44

Case :- CRIMINAL MISC. WRIT PETITION No. - 5158 of

2022

Petitioner :- Jumman Ali

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

Counsel for Petitioner :- Abdul Saleem Ahamad

Counsel for Respondent :- G.A.

Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Rajnish Kumar,J.

Criminal Misc. Writ Petition No.11276 of 2021 filed by the co-

accused against the impugned First Information Report dated

23.09.2021, registered as Case Crime No.138 of 2021 under

section 3(1) of UP Gangster and Anti-social Activities

(Prevention) Act, 1986, Police Station Kachhawa, District

Mirazapur has already been dismissed by the Co-ordinate

Bench vide following order passed on 26.11.2021:-

"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."

There appears no reason to take a different view and, therefore,

the present writ petition also fails and is dismissed.

Order Date :- 7.5.2022

Ashok Kr.

Digitally signed by ASHOK KUMAR

Date: 2022.05.07 14:06:05 IST

Reason:

Location: High Court of Judicature

at Allahabad