MOHD. AHMAD AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/8784/2025 · 2025-07-08
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26267 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26267 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:110561 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 8784 of 2025 Applicant :- Mohd. Ahmad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dheeraj Kumar Yadav,Hari Prasad Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash the summoning order dated 7.5.2024 passed by the Special Judge, Gangsters Act, Jaunpur in SST no. 21 of 2024 (State vs. Mohd. Ahmad) arising out of Case Crime no. 0110/2023 under Section 3(1) of U.P.Gangsters & Anti-Social Activities (Prevention) Act, 1986, PS- Machhalishahar, District Jaunpur. 3. Learned counsel for applicants submitted that applicants have been falsely implicated in the present case in pursuance to Gangster Act only on the basis of one case mentioned in the gang- chart. After completion of investigation, charge-sheet has been submitted whereupon without application of judicial mind, cognizance has been taken up vide impugned order dated
07.05.2024. 4. It is contended by learned counsel for applicant that no credible evidence has been produced against the applicants. More than one offence is necessary to prosecute the applicants under Section 3 of Gangsters Act, 1986. 4. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 5. Main ground raised by learned counsel for applicants is that whether on the basis of single case mentioned in gang-chart, FIR under the U.P.Gangsters & Anti-Social Activities (Prevention) Act, 1986 can be registered or not? For this issue, it is relevant to reproduce Rule 22(1) of U.P.Gangster Rules, 2021 which is as follows:
"22. Criminal history not mandatory and sections of the Act can be imposed in the course of investigation – (1) A single act/omission will also constitute an offence under the Act, and First Information Report may be registered on the basis of a single case i.e., it is not mandatory that any criminal history must be recorded and alleged before registering an offence under the Act."
6.
It is apparently clear from Rule 22(1) that a single act/omission can also constitute an offence under the Act of 1986 and First Information Report may be registered on the basis of a single case and as such ground raised by learned counsel for applicant seeking quashing of entire proceeding initiated against applicant in pursuance to Gangster Act, 1986 is not sustainable in the eye of law. 7. The instant application u/s 528 BNSS being devoid of merit stands dismissed. Order Date :- 9.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad