Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 3132 of 2021 Petitioner :- Vandana Gautam And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suneel Kumar Mishra,Shiv Babu Verma Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
The instant petition has been filed challenging the first information report dated 15.3.2021 registered as Case Crime No. 0067 of 2021, under Sections 2/3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S.- Keedganj, District- Prayagraj, with further prayer to stay arrest of the petitioners during the course of investigation.
The allegation in the impugned F.I.R. is that the petitioners are members of a gang which is involved in kidnapping and abduction of minor children. They are earning huge financial and material gains by indulging in such illegal activities. In support of the said allegation a previous incident where the petitioners were caught red handed trying to negotiate a sale of an abducted minor girl Sana @ Shahana on 24.10.2020 has been cited. On basis of the same, Case Crime No. 440 of 2020, u/s 363 I.P.C. was lodged against the petitioners. Upon recovery of the girl, they were charge sheeted u/s 363(ka)/367/368/369/371 I.P.C. vide charge sheet No. 346 of 2020 dated 14.11.2020.
The submission of the learned counsel for the petitioners is that on basis of a solitary incident in the past, a person cannot be proceeded against under the provisions of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. Certain interim orders passed by the Court in different petitions have been cited in support of the said contention.
We have noted the allegations made in the F.I.R. They are of a serious nature and if the petitioners are really engaged in abduction of minor children by forming a gang, their activities undoubtedly fall within the purview of the Act.
There is no provision under the Act which mandates that there should be more than one criminal case against the person sought to be brought under its purview.
Accordingly, the petition is dismissed with liberty to the petitioners to apply for bail/anticipatory bail, as is permissible or as may be advised and in which event the same shall be considered and decided expeditiously.
(Gautam Chowdhary,J.) (Manoj Kumar Gupta,J.) Order Date :- 26.5.2021 Vandana