LAWS(ALL)-2000-1-101

RINKU ALIAS HUKKU Vs. STATE OF U P

Decided On January 12, 2000
RINKU ALIAS HUKKU Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) This writ petition has been filed for quashing of the first information report, which was registered as Case Crime No. 471 of 1999 under Section 2/3 of U. P. Gangsters and Anti-social Activities Prevention Act. 1986, Police Station Krishna Nagar, district Lucknow.

(2.) We have heard learned counsel for the petitioner and learned Additional Government Advocate.

(3.) The brief facts of the case are that a Case Crime No. 434 of 1999, under Sections 147, 164, 201. 302, I.P.C. Police Station Krishna Nagar, district Lucknow was registered against the petitioner Rinku alias Hakku, on the basis of which another Case Crime No. 471 of 1999, under Section 2/3 of U. P. Gangsters and Anti-social Activities Prevention Act. 1986 (hereinafter referred to as "Act") was registered at the same police station. No other case has been indicated in this F.I.R. except the above one against the petitioner. A gang chart was also annexed with the F.I.R. which also shows that there was only one case against the petitioner. Learned counsel for the petitioner has urged that the petitioner cannot be deemed to be a gangster within the meaning of the Act, as there is no other case against the petitioner except one.