Allahabad High Court
Ram Kripal Yadav @ Dhoda Yadav vs State Of U.P. And 2 Others on 22 August, 2023
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:168794-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 13151 of 2023 Petitioner :- Ram Kripal Yadav @ Dhoda Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prem Shankar,Ashok Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J.
Hon'ble Vinod Diwakar,J.
1. Heard Sri Ashok Kumar Yadav, learned counsel for the petitioner and Sri Vivek Dubey, learned State Law Officer for the State.
2. The present writ petition has been preferred with the prayer to quash the impugned first information report dated 31.07.2023 registered as Case Crime No. 0135 of 2023, under Sections 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station- Bhaluani, District- Deoria, and for a direction to the respondents not to arrest the petitioner in pursuance of the impugned first information report.
3. Submission of the learned counsel for the petitioner is that petitioner is neither the gang leader nor the member of any gang and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the petitioner has submitted that the provisions of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, has been imposed on the basis of three cases in which he has already been enlarged on bail by court below. He further tried to show the manner in which the petitioner was falsely implicated in the base F.I.R. and also argued the other factual aspects of the matter that how the petitioner has been falsely implicated. It was also submitted that while preparing the gang chart, provisions of U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021, have not been followed. Attention was drawn to Rules 5, 10, 16 and 17 of U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021, in support of his arguments.
4. Per contra, learned A.G.A. has opposed the petition and submits that the petitioner has criminal history of three other cases of the year 2008 although the same need not be included in the gang chart but the fact remains that he has previous criminal history. It is next submitted that the petitioner has criminal history of three other cases of the year 2022 which is mentioned in the gang chart. Learned AGA placed reliance upon the judgment rendered by Hon'ble the Apex Court in the case of Shraddha Gupta Vs. State of U.P. and others (Criminal Appeal Nos.569-570 of 2022, decided on 26.04.2022) and submits that for a single offence/FIR, an accused person can be prosecuted under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986. He also submitted that in the base F.I.R., charge-sheet has also been submitted and there is no violation of U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021.
5. Insofar as the violation of U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021, are concerned, we find that the entire scheme of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, as well as the rules framed thereunder have already been considered by this Court in detail in Ambuj Parag Dubey And 2 Others Vs. State Of U.P. And 2 Others, 2022 (4) ACR 3878 and in Criminal Misc. Writ Petition No. 2683 of 2023, Virendra Kasaudhan Vs. State Of U.P. And 3 Others, decided on 19.04.2023.
6. In view of the above, we do not find any illegality in the preparation of gang chart.
7. The writ petition is devoid of merits and is accordingly, dismissed.
Order Date :- 22.8.2023 Nitendra