Court No. - 52

Case :- CRIMINAL MISC. WRIT PETITION No. - 12316 of

2021

Petitioner :- Dinesh Kumar Maddheshiya

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

Counsel for Petitioner :- Pradeep Kumar

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 26.10.2021 registered as Case

Crime no. 415 of 2021, under Section 3(1) U.P. Gangster &

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

District Maharajganj. 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.

Therefore, the writ petition is dismissed leaving it open for the

petitioner to apply before the competent court for anticipatory

bail/bail as permissible under law and in accordance with law.

Order Date :- 20.12.2021

Ujjawal