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2025 DAILYLAW 85385 (ALL)

RAJ NARYAN YADAV v. STATE OF U.P. AND ANOTHER

NA528/29754/2025 · 2025-08-21

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145461 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29754 of 2025 Applicant :- Raj Naryan Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harikrishna Rajesh,Santosh Kumar Rai 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 charge sheet no. 1 of 2021 dated 12.01.2021 as well as cognizance and summoning order dated 05.07.2021 and entire proceeding of G.T. no. 185 of 2021 (State vs. Raj Narayan Yadav and others) (in Case Crime no. 374 of 2020) under sections 2(b), (XVII)/3(1) of U.P.Gangsters and Anti-Social Activities (Prevention) Act, 1986, PS- Madhuban, District Mau. 3. Learned counsel for applicant submitted that applicant has 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 05.07.20221. 4. It is contended by learned counsel for applicant that more than one offence is necessary to prosecute the applicant under Gangsters Act, 1986. 5. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 6. 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." 7. 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 sole 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. 8. The instant application u/s 528 BNSS being devoid of merit stands dismissed. However, applicant is at liberty to avail whatever remedy available at law. Order Date :- 22.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad