Court No. - 52

Case :- CRIMINAL MISC. WRIT PETITION No. - 10873 of

2021

Petitioner :- Zakir Khan

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

Counsel for Petitioner :- Shiv Kumar Singh

Counsel for Respondent :- G.A.

Hon'ble Vivek Kumar Birla,J.

Hon'ble Shree Prakash Singh,J.

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

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

First Information Report dated 29.09.2021 registered as Case

Crime no. 0451 of 2021, under Section 2/3 of the Uttar Pradesh

Gangster and Anti Social Activities (Prevention) Act, 1986, P.S.

Kotwali, District Jhansi. Further prayer has been made not to

arrest the petitioner in the aforesaid case.

Learned counsel for the petitioner 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 petitioner 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 :- 27.11.2021

Ujjawal