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Neutral Citation No. - 2025:AHC:78645-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 9660 of 2025 Petitioner :- Chatar Singh @ Chetan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Zakir Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Mohd. Zakir learned counsel for the petitioner and learned AGA for the State and perused the records.
2. Present petition has been filed with a prayer for quashing the F.I.R. dated 1.1.2025 registered as Case Crime No. 1 of 2025, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Cyber Crime, District Bulandshahr with a further prayer not to arrest the petitioners in pursuance of the impugned F.I.R.
3. Submission is that the impugned first information report has been lodged against the petitioner on the basis of solitary case and there is no other criminal history against the petitioner.
4. Learned A.G.A. submits that it has already been decided by Hon'ble Apex Court in the case of Shraddha Gupta vs The State Of Uttar Pradesh reported in 2022 SCC OnLine SC 514 that even on the basis of a single case Gangster Act can be imposed.
5. 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).
6. 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. As such, the ground is not sustainable.
7. In view of the above, we do not find any good ground to show interference in the present matter.
8. Accordingly, the writ petition stands dismissed. Order Date :- 14.5.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad