Allahabad High Court
Dukh Haran Singh vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 18 April, 2023
Bench: Sangeeta Chandra, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2936 of 2023 Petitioner :- Dukh Haran Singh Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Others Counsel for Petitioner :- Upendra Prakash Pathak Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner and learned AGA who appears on behalf of State-respondents and perused the record.
This petition has been filed praying the following main reliefs :-
"i. issue a Writ, order or direction in the nature of certiorari for quashing of the First Information Report dated 28.10.2022 lodged at Case Crime No. 585/2022, Under Section 3(1) U.P. Gangster Act, Police Station Ram Sanehi Ghat, District Barabanki whichis being annexed herewith as Annexure no. 1 to this petition.
ii. issue a writ, order or direction in the nature of certiorari for quashing of the Gang Chart dated 25.10.2022 lodged at Case Crime No. 585/2022 Under Section 3(1) U.P. Gangster Act, Police Station Ram Sanehi Ghat, District Barabanki, pursuant to the petitioner only, which is being annexed herewith as Annexure no. 2 to this petition.
iii. issue a writ, order or direction in the nature of Mandamus commanding the opposite party no. 2 and 3 for not to harass the petitioner and his family in any manner pursuant to the First Information Report dated 28.10.2022 lodged at Case Crime No. 585/2022 Under Section 3(1) U.P. Gangster Act, Police Station Ram Sanehi Ghat, District Barabanki."
It has been submitted by learned counsel for the petitioner that only on the basis of a single case, impugned FIR under Gangster Act has been lodged. The only allegation in the impugned FIR lodged in this case is against the son of the petitioner, who was the Director of the Company and had allegedly committed fraud and embezzled money of the investors. The petitioner is nothing in the company of his son and his name is not mentioned in the impugned FIR but the police is harassing him only because he has been shown as chief patron of the said company.
Learned AGA has produced before the Court a copy of the instructions dated 13.4.2023 sent by Station House officer, Police Station Asandra, District Barabanki wherein it has come out that the petitioner is not cooperating in the investigation and a non bailable warrant has been issued against him by the trial court and it has also been submitted that proceedings of Section 82 Cr.P.C. have also been initiated.
This Court has gone through the impugned FIR and finds, on the basis of judgement rendered by the Hon'ble Apex Court in the case of Shraddha Gupta Versus State of Uttar Pradesh and others, 2022 SCC OnLine SC 514, that even if there is a single case instituted against the accused, FIR under Section 3(1) of U.P. Gangster Act can be lodged.
In view of the aforesaid, this court finds no good ground to interfere in the impugned FIR and accordingly, the present writ petition is dismissed.
Order Date :- 18.4.2023 AKK