VIPIN VERMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY way of this writ petition under Article 226 of the Constitution of India, the petitioner seeks to issue a writ in the nature of certiorari to quash the first information report dated 13.12.2012 in case crime No. 402 of 2012 under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention), Act, 1986 pertaining to police station Kotwali City, District Dehradun, lodged against the petitioner.

(2.) THE Gang Chart on the basis of which the impugned first information report was lodged against the petitioner is indicated herein below:

(3.) IT is on the basis of such case crime No. (330 of 2007) that a fresh first information report was filed against the present petitioner, which according to law, is not permissible. When the first information report under Section 2/3 U.P. Gangsters and Anti -Social Activities (Prevention) Act, 1986 was already filed against the petitioner, charge sheet submitted in the case and the trial is going on, how can the accused be implicated in the same Section on the basis of the same cases, which were shown in the Gang Chart? Consequently, the writ petition is allowed. First information report dated 13.12.2012 (annexure -1 to the writ petition), under Section 2/3 U.P. Gangsters and Anti -Social Activities (Prevention) Act, 1986, registered in PS Kotwali City, District Dehradun is hereby quashed qua writ petitioner only.