Petitioner sought quashing of an FIR and restraint on arrest under the UP Gangster Act, arguing the dispute was civil and acts were years old. The court rejected the contention, noting compliance with rules regarding case timeframes and the statutory scheme.
Petitioner's prayer for quashing of FIR and non-arrest dismissed.
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Neutral Citation No. - 2023:AHC:217738-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 17783 of 2023
Petitioner :- Jai Prakash Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amarnath Tripathi Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Manish Kumar Nigam,J.
cases of similar nature. Learned AGA placed reliance upon the judgment rendered by Hon'ble the Apex Court in the case of Shraddha Gupta Vs. State of U.P. and others (Criminal Appeal Nos.569-570 of 2022 , decided on 26.04.2022) and submits that for a single offence/FIR, an accused person can be prosecuted under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.
Order Date :- 16.11.2023 Nitendra
Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the petitioner is entitled to quash the FIR and avoid arrest under the UP Gangster Act given the civil nature of the dispute and alleged lack of concern.
Whether the invocation of the Gangster Act is barred by the lapse of time given the allegations pertain to offences in 2021.
Colour shows how this judgement treated each authority
Shraddha Gupta Vs. State of U.P. and othersReferred¶9
Shraddha Gupta Vs. State of U.P. and others (Criminal Appeal Nos.569-570 of 2022)
Ambuj Parag Dubey And 2 Others Vs. State Of U.P. And 2 OthersReferred¶11
Ambuj Parag Dubey And 2 Others Vs. State Of U.P. And 2 Others, 2022 (4) ACR 3878
Virendra Kasaudhan Vs. State Of U.P. And 3 OthersReferred¶11
Criminal Misc. Writ Petition No. 2683 of 2023, Virendra Kasaudhan Vs. State Of U.P. And 3 Others,
2 provisions across 2 enactments
Jai Prakash Mishra
State Of U.P.
Others
Vivek Kumar Birla
Manish Kumar Nigam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
