Court No. - 46
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2001 of 2021 Petitioner :- Renu Agrawal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajesh Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Sameer Jain,J.
Heard Sri Rajesh Kumar Mishra, learned counsel for the petitioner; Sri Manish Goyal, learned Additional Advocate General along with learned Standing Counsel for the State; and perused the record.
The prayer in this petition is to command the respondents to take appropriate action against the respondents 5 and 6, who are private persons, under the provisions of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, because, according to the petitioner, there are number of criminal cases registered against them of which details are given in paragraph 8 of the petition.
Whether a person is liable to be proceeded under the provisions of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 or not, in absence of a First Information Report or police report in that regard, is not ordinarily to be examined in a PIL. It is only when a person is booked under the said Act, the Court can consider the merits of the allegation. Admittedly, as of now, there is no FIR against the private respondents under the provisions of the said Act.
In view of above, the prayer as made in this petition is found misconceived.
The petition is dismissed.
Order Date :- 24.12.2021 AK Pandey