Neutral Citation No. - 2025:AHC:90007-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 10602 of 2025 Petitioner :- Bhola @ Bholu @ Jalaluddin Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Rakesh Kumar Verma Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 29.4.2025 registered as Case Crime No.0141 of 2025, under Sections 2/3 of the Uttar Pradesh Gangster and Antisocial Activities ( Prevention ) Act, 1986, at Police Station Hari Parwat, District Agra. Further prayer has been made not to arrest the petitioners in the aforesaid case. 3. The impugned FIR is challenged on the ground that the same is in violation of The Uttar Pradesh Gangster & Anti Social Activities ( Prevention) Rules, 2021 ( hereinafter referred as 'Gangster Rules, 2021'). 4. Per contra, Sri G. P. Singh, learned AGA-I raised a preliminary objection qua the maintainability of the instant writ petition. He submits that a cognizable offence in the present case is made out against the petitioner. He has further drawn the attention of the court to Rule 22 of Gangster Rules, 2021, wherein, even a single act/omission shall constitute an offence under the Act and a case may be registered on the basis of a single case and it is not mandatory that a criminal history must be recorded and alleged before registering an offence under Rule 22 (1) of Gangster Rules, 2021. 5. He submits that under Rule 22(2) of the Gangster rules 2021 provides that this act can come into force even on a single prosecution in a certain class of cases which are henious in nature and in the instant matter, as per the gang chart the petitioner is implicated in three cases out of which one case pertains to under Section 396 I.P.C. It is further submitted that, even, on a solitary case under Section 396 I.P.C, the gangster proceedings can be invoked. Learned AGA also states that strict adherence to procedures as prescribed by the rules were adopted at the time of preparation of the gang chart. 6. We have heard the rival submissions and perused the record. It is not in dispute that in the instant matter the petitioner is implicated in three cases. We have also perused Rule 22 of Gangster Rules, 2021 which is reproduced herein after:- "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 maybe 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. (2) The Act may also come into force on a single prosecution in certain class of cases such as— if it appears at the gang has committed a single offence mentioned in Section 302, 376D, 395, 396, 397 of the Penal Code out of the offences mentioned in sub-clause (i), of clause (b) of Section 2 of the Act or sub-clauses (ii), (iii), (v), (vii), (x), (xii), (xiv), (xv), (xvii), (xix), (xx) or (xxi) of clause b of section 2 of the Act, which is presently under investigation, and the offence and this Act is being proved by collected evidence, then along with the criminal act under consideration, the gang- chart should also be approved by the concerned Commissioner of police/ District Magistrate involved in the investigation of the said offence and the provisions of the Act can be imposed while investigating both the offences together in accordance with the provisions of Act. Further charge-sheet can be sent to the special Court constituted under the Act." 7. Considering the factual situation ,we find that in the instant matter, the base case against petitioner is registered under Section 396 I.P.C which falls within the restricted category. Moreover no other material is placed on record on the basis of which we can accord any relief to the petitioner as we find that, cognizable offence is made out against the petitioner. Therefore, we are not inclined to entertain this writ petition. 8. Confronted with the situation, the learned counsel for the petitioner states that the instant writ petition may be dismissed as not pressed and leave may be accorded to press bail. 9. Accordingly, 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 in accordance with law. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 23.5.2025/Mukesh Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad