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Aslam Khan v. State Of U.p. And 2others

Aslam Khan v. State Of U.p. And 2others

(High Court Of Judicature At Allahabad)

CRIMINAL MISC. WRIT PETITION No. - 2413 of 2023 | 17-02-2023

1. Heard Shri S.P.S. Chauhan, learned counsel for the petitioner, learned A.G.A. for the State and perused the records.

2. Present petition has been filed with a prayer for quashing the F.I.R. dated 06.01.2023 registered as Case Crime No. 09 of 2023, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Civil Lines, District Aligarh with a further prayer not to arrest the petitioner in pursuance of the impugned F.I.R.

3. At the very outset, 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.

4. A perusal of the gang-chart reveals registration of six cases against the petitioner. In 'paragraph-9' of the writ petition, criminal history of five cases has been explained.

5. In view of the above, we do not find any good ground to show interference in the present matter.

6. Accordingly, the writ petition stands dismissed.

Advocate List

  • S.P.S. Chauhan,Sukhendra Singh

  • G.A.

Bench
  • HON'BLE JUSTICE VIVEK KUMAR BIRLA
  • HON'BLE JUSTICE KSHITIJ SHAILENDRA
Eq Citations
  • LQ/AllHC/2023/1160
Head Note

Criminal Law — U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 (19 of 1986) — S. 2/3 — FIR registered under — Prayer for quashing — Dismissed — Registration of six cases against petitioner — Criminal history of five cases explained — Held, even on basis of a single case, Gangster Act can be imposed — No good ground to show interference in present matter — Criminal Trial — Quashment — U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 (19 of 1986) — S. 2/3 (Paras 3, 4 and 6)