Neutral Citation No. - 2023:AHC:182666-DB
Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 14913 of
2023
Petitioner :- Idrish
Respondent :- State of U.P. and Another
Counsel for Petitioner :- Akhilesh Kumar,Ashutosh Gupta
Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J.
Hon'ble Vivek Kumar Singh,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for
the State.
2. The instant writ petition seeks quashing of the FIR dated
11.08.2023 giving rise to Case Crime No. 490 of 2023 under
Section 2/3 of U.P. Gangster & Anti Social Activities (Prevention)
Act, 1986, Police Station- Kotwali, District- Mathura.
3. The contention of the learned counsel for the petitioner is that
the case under the Gangster Act has been lodged against the
petitioner on the basis of the single base case. It is also submitted
that the petitioner is an HIV patient.
4. Learned AGA has stated that the impugned FIR under the
Gangster Act has been lodged within 11 days of charge sheet
having been filed against the petitioner in the base case.
5. In our considered opinion, the impugned FIR under the
Gangster Act is not liable to be quashed on the basis of the
submissions made. It is settled law that the provisions of Gangster
Act can be invoked on the basis of single base case.
6. Under the circumstances, no ground for interference is made out
in the writ petition.
7. The writ petition is therefore dismissed, without prejudice to the
right of the petitioners to apply for bail/anticipatory bail.
Order Date :- 21.9.2023
Mohini