Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 10714 of 2021 Petitioner :- Ramadhar And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sujeet Sinha Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Present petition has been filed for quashing the impugned first information report registered as G.D. 062 dated 28.10.2021 bearing Case Crime No. 233/ 2021 Under Section 2/ 3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Saifai, District- Etawah.
From perusal of record, we find that a Criminal Misc. Writ Petition No. 10746 of 2021 (Arjun Yadav vs. State of U.P. And Another) which has been preferred against the same case crime number has already been dismissed by this Bench vide order dated 24.11.2021. The said order dated 24.11.2021 is quoted as under:-
"Heard learned Sri Shiv Nath Singh, learned Senior Counsel assisted by Sri Brijesh Kumar Verma, 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 28.10.2021 registered as Case Crime no. 233 of 2021 under Section 2/3 of U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, P.S. Sefai, District Etawah.
Submission of learned counsel for the petitioner is that the petitioner was not named in the first information report registered as Case Crime No. 0056 of 2021, under Sections 120-B, 406, 419, 420, 467, 468, 471 IPC and bail was granted by this Court by order dated 29.9.2021 in Criminal Misc. Bail Application No. 36324 of 2021. Submission, therefore, is that the present first information report is absolutely mala fide and no offence has been made out against the petitioner that too of a solitary case.
Learned counsel for the petitioner vehemently contended that only on the basis of solitary case, the proceeding under Section 2/3 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 3(1) 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.
Consequently, the writ petition is dismissed. "
In such view of the matter, we do not find any good ground to take a different view in the matter.
Accordingly, present petition stands dismissed.
Order Date :- 20.12.2021 Aditya