Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24204 of 2019 Petitioner :- Radhey Raman @ Ramman And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ganesh Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent Nos. 1 to 3 and perused the record.
The instant petition seeks quashing of the impugned First Information Report dated 13.11.2019, registered as Case Crime No. 0579 of 2019, under Sections 3(1) of U.P. Gangster Act, 1986, Police Station- Kotwali, District- Basti.
The allegation in the impugned First Information Report is that the petitioners are members of a gang which indulges in offences punishable under Chapter 16 of the Indian Penal Code for the purposes of temporal and pecuniary gains.
By means of a supplementary affidavit filed today, the learned counsel for the petitioners has brought on record the gang chart.
The gang chart as well as F.I.R. (Annexure No. 2) reveals that there is a case of an offence punishable under Section 302 I.P.C. against gang members relating to murder in court compound.
The contention of the learned counsel for the petitioner is that on the basis of solitary case registered against the petitioners and that too in which the petitioners were not named but have been subsequently implicated, the lodging of the F.I.R. under the provisions of Gangsters Act is not justified.
It is not necessary that all activities of a gang may be reported even unreported anti-social activities may be taken into consideration. Further, inference of organized criminal activity may be drawn from a solitary act also.
Accordingly, the prayer to quash the First Information Report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail.
Order Date :- 28.11.2019 SY