Shakil v. State of U.P. and Another

Neutral Citation No. - 2023:AHC:182670-DB

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 14914 of 2023

Petitioner :- Shakil 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