Court No. - 48
Case :- APPLICATION U/S 482 No. - 1912 of 2019 Applicant :- Babu Ji And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Abdul Khalik Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
This application under Section 482 Cr.P.C has been preferred by the applicants for quashing the C.N.R No. UPET 01- 005159/18 cognizance order dated 5.6.2018 and charge sheet no. 119 of 2018 dated 10.5.2018 arising out of Case Crime No. 0550 of 2017 under Section 2/3 U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Aliganj, District Etah (State Vs. Babu Ji and another), pending in the court of Special Judge Gangster Act, Court No. 2, Etah, District Etah.
Heard learned counsel for the applicants and learned A.G.A for the State.
Learned counsel appearing for the applicants argued that on the basis of only one case prosecution under U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 has been started against the applicants. It is also argued that it is the settled proposition of law that only on the basis of solitary case prosecution under the aforesaid act cannot continue.
Learned A.G.A. has opposed the submission.
Having regard to the fact and circumstances of the case, hearing the parties and going through the contents of FIR it is evident that two criminal cases are shown against the applicants. Thus, the submission raised by the learned counsel for the applicants is not correct.
Accordingly, the prayer made in the application cannot be allowed and the application being devoid of merit is dismissed.
Order Date :- 29.1.2019 Nadeem Ahmad