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Neutral Citation No. - 2025:AHC:80029-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 9795 of 2025 Petitioner :- Aman And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Srivastava Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Sri Sanjay Srivastava, learned counsel for the petitioners and Shri Rahul Asthana, learned AGA for the State respondents. 2. Present petition has been filed with a prayer for quashing the F.I.R. dated 08.03.2025 registered as Case Crime No. 31 of 2025, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Aung, District Fatehpur with a further prayer not to arrest the petitioner in pursuance of the impugned F.I.R.
3. Learned counsel for the petitioners has not annexed the gang chart alongwith the present petition. However, learned AGA is having gang chart of the petitioners and submits that all the procedures are complete and there is no legal infirmity in the gang chart and all the relevant Rules of the Uttar Pradesh Gangster and Anti Social Activities (Prevention) Rules, 2021 have been complied with. 4. Submission of the learned counsel for the petitioners is that only one criminal case has been registered against the petitioner no.1- Aman and three criminal cases have been registered against the petitioner no.2-Vijay Prakash Jaiswal. 5. 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. 6. We have considered the rival submissions and perused the record. 7. 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). 8. 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 this Court. 9.
In view of the above, we do not find any good ground to show interference in the present matter. 10. Accordingly, present writ petition stands dismissed. Order Date :- 15.5.2025 Nitendra Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad