The High Court dismissed a writ petition seeking to quash an FIR under the U.P. Gangster Act and for non-arrest, relying on a Supreme Court decision that a single case is sufficient for invoking the Act.
Writ petition dismissed; prayer for quashing of FIR and direction not to arrest rejected.
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Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1183 of 2023
Petitioner :- Seema Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Dubey Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Saurabh Srivastava,J.
Heard Shri Rakesh Dubey, learned counsel for the petitioner and Shri G.P. Singh, learned A.G.A for the state respondents.
The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 1.1.2023 registered as Case Crime No. 01 of 2023, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act 1986, Police Station Govind Nagar, District Kanpur Nagar, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
Submission is that the impugned first information report has been lodged against the petitioner on the basis of solitary case and there is no other criminal history against the petitioner.
Learned A.G.A. submits that it has already been decided by Hon'ble Apex Court in the case of Shraddha Gupta vs The State Of Uttar Pradesh reported in 2022 SCC OnLine SC 514 that even on the basis of a single case Gangster Act can be imposed.
In view of the above, we do not find any good ground to show interference in the present matter.
Accordingly, the writ petition stands dismissed .
Order Date :- 3.2.2023 Rakesh
Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the First Information Report under Section 3(1) of the U.P. Gangster Act registered on a solitary case can be quashed in the public interest.
Colour shows how this judgement treated each authority
Shraddha Gupta vs The State Of Uttar PradeshReferred¶8
Shraddha Gupta vs The State Of Uttar Pradesh reported in 2022 SCC OnLine SC 514 · Who else cites this
1 provisions across 1 enactments
Seema Singh
State Of U.P.
2 Others
Vivek Kumar Birla
Saurabh Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
