Sunil Singh Alias Kallu Singh and Another Vs State of U.P. and 2 Others

Court No. - 47

Case :- CRIMINAL MISC. WRIT PETITION No. - 883 of 2022

Petitioner :- Sunil Singh Alias Kallu Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lok Nath Shukla,Jitendra Kumar Mishra

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Counsel for Respondent :- G.A.

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Hon'ble Anjani Kumar Mishra,J. Hon'ble Deepak Verma,J.

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Heard learned counsel for the petitioner and learned A.G.A. for the State.

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The writ petition seeks quashing of the FIR dated 05.11.2021 giving rise to Case Crime No. 416 of 2021, under Section 3(1) of U.P. Gansgter and Anti Social Activities (Prevention Act, P.S. - Cholapur, District - Varanasi.

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The contention of learned counsel for the petitioners is that the provisions of Gangster Act have been invoked against the petitioners only on the basis of a single case being Case Crime No. 124 of 2021, under Sections 419, 420, 467, 468, 471, 272 of IPC and Section 60A and 62 of Excise Act, Police StationCholapur, District- Varanasi. The present case has been registered against the petitioners, after 3 or 4 months of the above case.

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Upon hearing learned counsel for the petitioner, learned AGA for the State and we of the considered opinion that there is no illegality and the provisions of Gangster Act can be invoked even on the basis of a single case.

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Under the circumstance, no case for interference is made out. The First Information Report which discloses an offence cannot be quashed.

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The writ petition is therefore dismissed without prejudice to the rights of the petitioner to apply for bail.

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Order Date :- 21.2.2022 S.K.

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Digitally signed by SWEETY KANOJIA Date: 2022.02.23 09:59:52 IST Reason: Location: High Court of Judicature at Allahabad

Sunil Singh Alias Kallu Singh and Another v. State of U.P. and 2 Others

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Sunil Singh Alias Kallu Singh and Another v. State of U.P. and 2 Others

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