Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 1696 of 2021 Petitioner :- Satish Mishra Respondent :- State Of U P And Another Counsel for Petitioner :- Indra Deo Mishra,Pankaj Kumar Tiwari,Shri Ram (Rawat) Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 04.11.2020 registered as Case Crime No. 303 of 2020 at P.S. Madiyahun, District- Jaunpur, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986.
The allegation in the impugned first information report is that the petitioner is a member of a gang which indulges in anti-social activities relating to drug trafficking. An earlier first information report i.e. Case Crime No.61 of 2020 involving huge quantity of Ganja had been cited.
Learned counsel for the petitioner submits that there is just a solitary case against him therefore, no presumption can be drawn that the petitioner is indulging in organized crime of trafficking.
Be that as it may, there is no requirement of law that there has to be multiple registered cases against a person before he could be termed as part of a gang. As the allegation against petitioner is that he is part of a gang, which indulges in drug trafficking, which is specified anti-social activity, keeping in mind that the earlier registered case was in connection with one quintal of Ganja, the prayer of the petitioner 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 :- 7.4.2021 Kushal