Neutral Citation No. - 2025:AHC:37503-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4846 of 2025 Petitioner :- Shadab @ Sadab Husain Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd Khalid Ansari, Sajiya Parveen Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Ms. Sajiya Parveen, learned counsel for the petitioner and Sri G.P. Singh, learned A.G.A. for the State-respondents. 2. The relief sought in this petition is for quashing FIR dated 01.01.2025 registered as Case Crime No.001 of 2025 u/s 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S.Kurra, District-Mainpuri. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Learned counsel for the petitioner submitted that the proceedings under the Gangsters Act has been assailed on the ground of involvement of the petitioner in solitary case. He stated that in the base case, the petitioner has already been bailed out. He has placed reliance on order dated 24.02.2025 passed by Co-ordinate Bench in Crl. Misc. Writ Petition No.3592 of 2025 (Mukesh and another vs. State of U.P. and others) whereby the writ petition has been disposed of extending benefit to the the petitioners therein of order passed by Hon'ble Supreme Court in the matter of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. In this backdrop, learned counsel for the petitioner submitted that the same relief may also be extended in favour of the petitioner. 4. Learned A.G.A. has resisted the relief on the ground that even though the petitioner has been bailed out in the base case, but law is well settled on the point that the Gangsters Act can be imposed even on the basis of solitary case. Reliance in this regard has been placed on a judgment passed in the matter of Shraddha Gupta vs. State of U.P. and others, (2022) 17 SCR 622: 2022 SCC Online SC 514. He next submitted that alleged offences in the base case bearing Case Crime No.231 of 2023 u/s 8/20 of N.D.P.S. Act, wherein the petitioner has already been bailed out, does not fall under the category of punishment below than 7 years and order dated 24.02.2025, passed in Crl. Misc. Writ Petition No.3592 of 2025 (Mukesh and another vs. State of U.P. and others) passed by Co-ordinate Bench in favour of co-accused persons, seems to have been obtained on some misrepresentation of facts. 5. Confronted with the situation, learned counsel for the petitioner fairly states that she will file recall/clarification application in Crl. Misc. Writ Petition No.3592 of 2025 (Mukesh and another vs. State of U.P. and others) as the petitioners therein are not liable to get benefit of Arnesh Kumar's case (supra) and the said order has been passed in that petition due to some misunderstanding. 6. Considering the aforesaid factual situation and on perusal of the impugned FIR, prima facie, we find that there is commission of cognizable offence by the petitioner. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262 of 2021 (Leelavati Devi @ Leelawati and another vs. State of U.P.) decided on 07.10.2021, no case has been made out for interference with the impugned FIR. 7. The writ petition, accordingly, stands dismissed. Order Date :- 17.3.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad