Allowed petition to quash F.I.R. under Gangsters Act. Held no legal requirement for long criminal history. Investigation ordered to continue pending police report.
Investigation to continue; arrest stayed till submission of police report under Section 173(2) Cr.P.C. subject to cooperation.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 12529 of 2019 Petitioner :- Sandeep Yadav And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bed Kant Mishra,Anoop Trivedi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent nos. 1and 2.
The instant petition has been filed to quash the F.I.R. dated 29.3.2019 registered as case crime No. 0143 of 2019, under Section 3 (1) of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act Police Station- Sachendi DistrictKanpur Nagar.
The allegation in the first information report is to the effect that petitioners along with 17 others are part of a gang, which indulges in trade/manufacture of adulterated liquor.
The contention of the learned counsel for the petitioners is that the gang chart discloses involvement of the petitioners in a solitary case. It has been submitted that in that solitary case also the petitioner no. 1 was not named but was implicated later and both petitioners were granted bail.
From perusal of the record it appears that in that earlier case, the petitioners have been charge-sheeted and the matter is pending.
It is not the requirement of law that the accused should have long criminal history before his implication under the provisions of Gangsters Act. As the allegations are to the effect that the petitioners are member of a Gang which indulges in trade/manufacture of adulterated liquor, the prayer to quash the first information report cannot be accepted.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but, subject to petitioners' cooperation in the investigation, they shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C..
Order Date :- 9.5.2019 Ujjawal
2 issues framed by the court
Whether application of Gangsters Act requires accused to have a long criminal history.
Whether petition challenging F.I.R. under Gangsters Act should be accepted.
2 provisions across 2 enactments
Sandeep Yadav And Another
State Of U.P. And 2 Others
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
