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2025 DAILYLAW 19834 (ALL)

IMAM HUSAIN v. STATE OF U.P. AND 3 OTHERS

CRLP/3451/2025 · 2025-03-11

Mohd Azhar Husain Idrisi, Vivek Kumar Birla

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:36300-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3451 of 2025 Petitioner :- Imam Husain Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gaurav Kumar Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard Sri Gaurav Kumar Singh, learned counsel for the petitioner and Sri Rahul Asthana, learned AGA for the State respondents. 2. Present petition has been filed with a prayer for quashing the F.I.R. dated 18.1.2025, registered as Case Crime No. 0020 of 2025, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Tamkuhiraj, District Kushinagar with a further prayer not to arrest the petitioner in pursuance of the impugned F.I.R. 3. Sole submission is that the impugned first information report has been lodged against the petitioner on the basis of solitary and the petitioner has been falsely implicated. 4. 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. It is further submitted that in fact the petitioner was accused in four other criminal cases as well and apparently he has not been included in the gang chart and by drawing attention to the gang chart it is submitted that there is no violation of Gangster Rules. 5. We have considered the rival submissions and perused the record. 6. 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). 7. A reference may also be made to the judgement and order dated 4.8.2023 passed in Criminal Misc. Writ Petition No. 10708 of 2023 (Usman and 2 others vs. State of UP and 2 others) wherein all such aspects have been already been dealt with by t his Court. 8. In view of the above, we do not find any good ground to show interference in the present matter. 9. Accordingly, the writ petition stands dismissed. Order Date :- 12.3.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad