The Allahabad High Court dismissed a writ petition seeking quashment of an FIR under the Gangster Act. The court held that the FIR cannot be quashed and affirmed that the Act can be invoked based on a single case.
The writ petition was dismissed, without prejudice to the petitioner's rights to apply for bail or anticipatory bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1312 of 2022
Petitioner :- Ram Ji Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aman Arya,Jeetendra Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
The instant petition seeks quashing of the impugned F.I.R. dated 05.12.2021, registered as Case Crime No. 0671 of 2022, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Rath, District Hamirpur.
The contention of the learned counsel for the petitioner is that the petitioner is only aged about 21 years, he is a student and the provisions of the Gangster Act has been invoked against him on the basis of a single case. It has also been submitted that the petitioner was not named in the first information report of the crime, which is the basis of invocation of provisions of the Gangster Act against him.
In our considered opinion, the first information report impugned in this writ petition cannot be quashed. Moreover, it is settled law that the provisions of the Gangster Act can be invoked also on the basis of a single case.
Under the circumstances, no interference is called for in the impugned first information report.
The writ petition is dismissed, without prejudice to the rights of the petitioner to apply for bail/ anticipatory bail.
Order Date :- 18.2.2022 Nitendra
Digitally signed by NITENDRA TIWARI Date: 2022.02.18 16:39:01 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the impugned FIR under the Gangster Act can be quashed given the petitioner's age and that the Act was invoked on the basis of a single case.
Whether the Gangster Act provisions can be invoked on the basis of a single case.
1 provisions across 1 enactments
Ram Ji
State Of U.P.
3 Others
Anjani Kumar Mishra
Deepak Verma
As recorded by the court registry
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