Criminal Miscellaneous Writ Petition seeking quashing of an FIR under the U.P. Gangster Act. The court held that gang members need not be simultaneously involved in cited cases and dismissed the petition.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 3582 of 2020
Petitioner :- Rakesh Kumar Pandey And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manu Pathak,Pradeep Singh,Saroj Kumar Yadav
Counsel for Respondent :- G.A.,Pramod Kumar Srivastava
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar-IX,J.
Heard the learned counsel for the petitioners, the learned A.G.A. for the respondents 1, 2 and 3 and perused the record.
The instant petition seeks quashing of the first information report dated 22.01.2020 registered as Case Crime No.0010 of 2020, under Section 2/3 U.P. Gangster & Anti Social Activities (Prevention Act), 1986 at Police Station- Kadadham, District Kaushambi.
The allegations in the impugned first information report are to the effect that the petitioners constitute a gang which indulges in various offences punishable under Chapter XVI and XVIII of the Indian Penal Code. Three cases are cited in the first information report as pending against the accused.
The contention of the learned counsel for the petitioners is that all the accused are not common in the cases cited in the first information report and, therefore, on the basis of implication of some of the accused in few cases, it cannot be said that all the four accused comprise a gang.
As per definition of 'Gang' under the Act 1986 a gang may operate through its members either acting collectively or individually and, therefore, it is not necessary that in the cited cases relating to anti social activities of the gang all the gang members be simultaneously involved.
Under the circumstances, prayer of the learned counsel for the petitioners to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail as may be advised.
Order Date :- 25.8.2020/Rahul.
1 issue framed by the court
Whether the petitioners constitute a 'gang' under Section 2/3 U.P. Gangster & Anti Social Activities (Prevention Act), 1986 given that accused are not common in all cited cases.
Rakesh Kumar Pandey And 3 Others
State Of U.P. And 2 Others
Manoj Misra
Anil Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
