The Allahabad High Court dismissed a criminal writ petition seeking to quash an FIR registered under the U.P. Gangster Act. Relying on shradha Gupta, the court held that an FIR can be registered on a single case and distinguished the earlier judgment of Pankaj Singh.
Petitioner to be arrested in pursuance of the FIR; writ petition dismissed.
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.
Neutral Citation No. - 2023:AHC:203337-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 15927 of 2023
Petitioner :- Shahanvaj Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Aslam Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.
Order Date :- 18.10.2023 Ujjawal
Digitally signed by :- UJJAWAL PARJAPATI High Court of Judicature at Allahabad
2 issues framed by the court
Whether a writ petition challenging the registration of an FIR under the U.P. Gangster Act can be allowed on the ground that the provisions were invoked based on a sole case.
Whether the judgment in Pankaj Singh vs. State of U.P. is applicable given subsequent Goodoleves and Rules under the Gangster Act.
Colour shows how this judgement treated each authority
Pankaj Singh vs. State of U.P. and 3 OthersDistinguished¶8
Criminal Misc. Writ Petition No. 5707 of 2021 (Pankaj Singh vs. State of U.P. and 3 Others)
Shraddha Gupta vs The State Of Uttar PradeshFollowed¶12
Shraddha Gupta vs The State Of Uttar Pradesh - Criminal Appeal No. 569-570 of 2022
2 provisions across 2 enactments
Shahanvaj
State Of U.P.
Vivek Kumar Birla
Vinod Diwakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
