Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 6470 of 2021 Petitioner :- Arkan Respondent :- State Of U. P. And Others Counsel for Petitioner :- Ram Kumar Dubey
Hon'ble Manoj Kumar Gupta,J. Hon'ble Mohd. Aslam,J.
Heard learned counsel for the petitioner and the learned AGA for the State.
The present writ petition has been filed by the petitioner, praying for quashing of the First Information Report, registered as Case Crime No. 0198 of 2021 under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, police station Asmouli, District Sambhal with a further prayer to stay his arrest during pendency of investigation of the said case.
It is urged that the provisions of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 have been invoked against the petitioner on basis of his involvement in a solitary case in past. The same is not sufficient to bring the petitioner within the ambit of said Act.
Learned A.G.A. points out that the above issue has been answered by a Co-ordinate Bench of this Court in a bunch of writ petitions leading being Criminal Misc. Writ Petition No.3938 of 2021 (Ritesh Kumar @ Rikki v. State of U.P. & Anr.) vide judgement and order dated 05.08.2021. It has been held that lodging of First Information Report under the Act-1986 is valid and permissible even on basis of a solitary case and this Court cannot adjudicate upon the correctness of allegations in the impugned F.I.R. or the case registered against the accused-persons in the past.
In the instant case, the specific allegation in the F.I.R. is that the petitioner has formed a gang with other co-accused and they are involved in theft, slaughtering and sale of cow/cow meat and in the past criminal case bearing Case Crime No. 028 of 2021 under Section 379 I.P.C. and 3/5/8 Cow Slaughter Act was lodged against them whereunder charge-sheet has already been submitted.
Having regard to the fact of the case and the law laid down by Division Bench of this Court in Ritesh Kumar @ Rikki v. State of U.P. & Anr. (Supra), we do not find any ground to quash the First Information Report.
The petition lacks merit and is dismissed.
Order Date :- 12.8.2021 Shiraz Digitally signed by MOHAMMAD ASLAM Date: 2021.08.13 11:37:21 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Manoj Kumar Gupta Date: 2021.08.13 11:42:04 IST Reason: Document Owner Location: High Court of Judicature at Allahabad