Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 10912 of 2021 Petitioner :- Sunil Pandey And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shrawan Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Present writ petition has been preferred for quashing the FIR dated 21.10.2021 registered as Case Crime No.220 of 2021, under Section 3(1) U.P. Gangster Act, P.S. Kalwari, District- Basti and for a direction to the respondents not to arrest the petitioner in pursuance of the aforesaid FIR.
Prayer for adjourned is being made on behalf of the petitioner. However, on perusal of list of fresh cases, we find that earlier against the same case crime number, Criminal Misc. Writ Petition No.11105 of 2021 (Gunjan vs State of U.P.) was filed by co-accused Gunjan which was dismissed by this Court vide order dated 30.11.2021. The said order is quoted hereinbelow;
"Heard 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 21.10.2021 registered as Case Crime no. 220 of 2021, under Section 3(1) U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Kalwari, District Basti. Further prayer has been made not to arrest the petitioner in the aforesaid case.
Learned counsel for the petitioner vehemently contended that only on the basis of solitary case, the proceeding under Section 3(1) 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 2/3 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.
Therefore, the writ petition is dismissed leaving it open for the petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law."
We do not find any reason to take a different view in the matter. The prayer for adjournment is rejected.
Therefore, the writ petition is also dismissed leaving it open for the petitioners to apply before the competent court for anticipatory bail/ bail as permissible under law and in accordance with law.
Order Date :- 16.12.2021 A.Kr.