Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25897 of 2019 Petitioner :- Ashish Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Istiyaq Ali,Ali Hasan Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; learned AGA for respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 29th November, 2019 registered as Case Crime No.0592 of 2019, under Sections 3(1) U.P. Gangsters and Anti-social Activities (Prevention) Act, 1986 435 at Police Station Line Bazar, District Jaunpur.
The allegation in the impugned first information report is to the effect that the petitioners along with three others comprise a gang which indulges in offences under Chapter XVI and XVII of the IPC for the purposes of making pecuniary and temporal gain. It is alleged that a case being Case Crime No.299 of 2019 is registered against them in which it was disclosed that they had snatched carbine machine from the gunner provided to a person and had shot him dead.
The contention of learned counsel for the petitioners is that in Case Crime No.299 of 2019 the petitioners were not named and otherwise also on the basis of a solitary case, they cannot be slapped with first information report under the Gangsters Act.
Whether on the basis of a solitary case the provisions of Gangsters Act could be invoked would depend upon the nature of the act and the other material that has been collected by the Investigating Agency. If the material so collected is suggestive of organized crimimal activity the prosecution under the Gangsters Act would be justified.
We have been taken through the first information report of Case Crime No.299 of 2019, which is at page 29 of the paper book. From a perusal of the first information report of that case organized criminal activity cannot be ruled out. Otherwise also, the said first information report has been lodged naming two persons and by disclosing participation of several other unknown persons.
Under the circumstances, the prayer of the petitioners to quash the first information report cannot be accepted.
The petition is dismissed.
Order Date :- 19.12.2019. Rks.