SEEMA SINGH v. STATE OF U.P.

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No.5252/2024 [Arising out of SLP (Crl.) No.2552/2023]

1. Leave granted.

2. The appellant had approached the High Court of

Judicature at Allahabad with a writ petition1 for two-fold relief:

(i) quashing of First Information Report2 dated 01st January,

2023 registered at Police Station-Govind Nagar, District-

(Commissionerate Kanpur Nagar) South as Case Crime No.1

of 2023 under Section 3(1) of the UP Gangster and Anti-

Social Activities (Prevention) Act, 19863; and (ii) order /

direction to the respondents not to arrest her in pursuance of

the impugned FIR.

3. On behalf of the appellant, it was urged before the High

Court that she has no criminal antecedents and hence, on

the basis of a solitary allegation, the Gangster Act could not

have been invoked against her.

4. The High Court referred to the decision of this Court in

1 Criminal Misc. Writ Petition No. 1183/2023 2 FIR 3 Gangster Act

“Shraddha Gupta vs The State Of Uttar Pradesh”4 and

held that even on the basis of a single case, an FIR under the

Gangster Act can be registered. Resting on such reasoning,

the writ petition of the appellant was dismissed.

5. We have heard Mr. Divyesh Pratap Singh, learned

counsel appearing for the appellant as well as Mr. Rana

Mukherjee, learned seni...