Neutral Citation No. - 2025:AHC:31969-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4160 of 2025 Petitioner :- Hashim Ansari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Belal Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and Shri G.P. Singh, learned AGA-1 for State respondents. 2. Present writ petition has been preferred to quash the FIR dated 15.02.2025 being Case Crime No.096 of 2025 under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (in short "Gangster Act"), P.S. Katghar, Distt. Moradabad. 3. This much is averred that the petitioner has been falsely implicated in the present case and no offence under the aforesaid Section is made out against him. He has good reputation in the society. The petitioner is not a member or leader or organiser of a group which indulges in the kind of activities set out under the various sub-clauses of clause (b) of Section 2, by use of violence or threat or show of violence or intimidation etc. Ref : Ashok Kumar Dixit vs. State of U.P. 1987 (34) ACC 164. It is further averred that the use of word "activities"in a criminal proceeding cannot indicate that a single act of anti-social activity can turn a person into a gangster. There have to be at-least two acts and the commission of those act by the accused has to be established beyond reasonable doubt according rules of evidence as applicable to criminal trial. Ref: State of U.P. vs. Phool Mia 1998 (1) JIC 792 (All). It is averred that as per gang chart, there is only one criminal case registered against the petitioner as Case Crime No.35 of 2024 under Sections 395, 397, 412 IPC, P.S. Katghar, Moradabad in which he has already been granted bail by this Court on 05.08.2024 and as such the impugned FIR is liable to be quashed. This much is also averred that the Gang Chart is not approved as per Rule-5(3)(a) of the Gangster Rules, 2021, which provides, "the gang-chart will not be approved summarily but after due discussion in a joint meeting of the Commissioner of Police/District Magistrate/Senior Superintendent of Police/Superintendent of Police." 4. Per contra, learned AGA-1 has vehemently opposed the writ petition and submitted that from bare perusal of the FIR cognizable offence is made out against the petitioner and the authorities had rightly invoked the provisions of Gangster Act. He has also stated that the instant case falls in the category, wherein Gangster Proceeding can be drawn on a single case also. Reliance in this regard has been placed upon Rule 22 (2) of the Gangster Rules, 2021, which provides, "the Act may also come into force on a single prosecution in certain class of cases, such as if it appears that the gang has committed a single offence mentioned in Sections 302, 376D, 395, 396 or 397 of the Penal Code out of the offences mentioned in sub-clause (i) of clause (b) of Section 2 of the Act.......". Learned AGA-1, in this backdrop, states that since in the base case Section 395 and 397 IPC have been imposed and chargesheet has not been submitted and as such the instant matter falls in the restricted category and Gangster Proceeding has rightly been initiated. Reliance has also been placed on the judgment of Hon'ble Apex Court 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. 5. Considering the facts and circumstances of the case, once we declined to interfere in the matter, learned counsel for the petitioner states that he is not inclined to press the writ petition. However, leave may be accorded to the petitioner to avail the remedy as available in law. 6. In view of above, the writ petition is dismissed as not pressed leaving it open for the petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 5.3.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad