A coordinate bench dismissed a writ petition seeking to quash an FIR registered under the Uttar Pradesh Gangster Act based on a solitary case without criminal history, relying on the Gangster Rules and the Shraddha Gupta judgment.
The writ petition seeking quashing of the FIR and non-arrest stands 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:216144-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 16508 of 2023
Petitioner :- Satya Prakash Singh @ Rudal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.
1 . Heard Sri C.P. Singh, learned counsel for the petitioner and Sri Ratan Singh, learned AGA for the State respondents.
2 . Present petition has been filed with a prayer for quashing the F.I.R. dated 26.9.2023, registered as Case Crime No. 126 of 2023, under Section 3 (1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station IIiya, District Chandauli with a further prayer not to arrest the petitioner in pursuance of the impugned F.I.R.
3 . Vide order dated 18.10.2023, learned AGA was directed to seek instructions in the matter regarding criminal history of the petitioner herein. He states that there is only one case in the base FIR against the petitioner wherein chargesheet has already been submitted.
4 . Sole ubmission 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.
5 . Learned A.G.A. submits that present controversy has already been decided by Hon'ble Apex Cour in the case of Shraddha Gupta vs The State Of Uttar Pradesh decided on 26 April, 2022 in Criminal Appeal No. 569-570 of 2022 that the provisions of Gangster Act can be imposed on the basis of a solitary case.
6 . We have considered the rival submissions and perused the record.
7 . Rule 22 of the Gangster Rule, 2001 clearly provides that criminal history is not required and the FIR under the Gangster Act can be registered on the basis of a single case. Hon'ble Apex Court has also held the same in Shraddha Gupta (supra).
8 . Additionally, we find that one petition filed by co-accused Ratan Rajbhar @ Ratan Rai being Criminal Misc. Writ Petition No. 16484 of 2023 (Ratan Rajbhar @ Ratan Rai vs. State of UP and others) has been dismissed by a coordinate Bench of this Court vide order dated 18.10.2023 and another petition filed by Vaibhav Kunar Singh @ Shivam Singh being Criminal Misc. Writ Petition No. 16336 of 2023 (Vaibhav Kunar Singh @ Shivam Singh vs. State of UP and others) was also dismissed for want of prosecution on 17.10.2023 and according to the learned counsel for the petitioner, a restoration
application is pending.
9 . In view of the above, we do not find any good ground to show interference in the present matter.
10 . Accordingly, the writ petition stands dismissed.
Order Date :- 9.11.2023 Abhishek
Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court can interfere with the registration of an FIR under the Uttar Pradesh Gangster Act based on a solitary case without criminal history.
Whether the writ petition for quashing of the FIR and non-arrest of the petitioner has any grounds for interference.
Colour shows how this judgement treated each authority
Shraddha Gupta vs The State Of Uttar PradeshReferred¶10
Shraddha Gupta vs The State Of Uttar Pradesh Criminal Appeal No. 569-570 of 2022 decided on 26 April, 2022
Ratan Rajbhar @ Ratan Rai vs. State of UP and othersReferred¶13
Ratan Rajbhar @ Ratan Rai vs. State of UP and others Criminal Misc. Writ Petition No. 16484 of 2023
Vaibhav Kunar Singh @ Shivam Singh vs. State of UP and othersReferred¶13
Vaibhav Kunar Singh @ Shivam Singh vs. State of UP and others Criminal Misc. Writ Petition No. 16336 of 2023
2 provisions across 2 enactments
Satya Prakash Singh @ Rudal Singh
State Of U.P.
2 Others
Vivek Kumar Birla
Vinod Diwakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
