Allahabad High Court
Ranveer vs State Of Up And 3 Others on 27 February, 2024
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:34203-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 2955 of 2024 Petitioner :- Ranveer Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Mandeep Singh Counsel for Respondent :- G.A. Hon'ble Siddharth,J.
Hon'ble Vinod Diwakar,J.
Heard learned counsel for the petitioner, learned counsel for the respondent and learned A.G.A. for the State respondents.
The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 10.02.2024, registered as Case Crime No. 102 of 2024, under sections- 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, Police Station- Kotwali City, District- Bulandshahar and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
The petitioner has been implicated in this case under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986.
Learned counsel for the petitioner has submitted that the petitioner was earlier implicated in one case under Section 13 of Gambling Act, 1967 which is not covered under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act. He has submitted that the implication under Section 3 of the Gambling Act may justify the implication of the petitioner under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act but not his implication under Section 13 of Gambling Act.
Learned A.G.A has not able to dispute the aforesaid contention raised by learned counsel for the petitioner.
Petition is disposed of directing that till submission of police report under Section 173(2) Cr.P.C., the respondents are restrained from arresting the petitioner pursuant to the First Information Report dated 10.02.2024, registered as Case Crime No. 102 of 2024, under sections- 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, Police Station- Kotwali City, District- Bulandshahar, subject to cooperation in ongoing investigation.
Order Date :- 27.2.2024
Rohit
(Vinod Diwakar,J.) (Siddharth,J.)