RAJJE MIYA @ RAJJAN KHAN AND 4 OTHERS Vs. STATE OF U.P. AND 2 OTHERS
LAWS(ALL)-2017-9-197
HIGH COURT OF ALLAHABAD
Decided on September 21,2017

Rajje Miya @ Rajjan Khan And 4 Others Appellant
VERSUS
State of U.P. and 2 Others Respondents

JUDGEMENT

KRISHNA SINGH, J. - (1.) learned counsel for the petitioners and the learned AGA.
(2.) This writ petition has been filed for quashing of the First Information Report lodged in Case Crime No.180 of 2017, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 (for short 'the Gangster Act'), Police Station Bara, District Allahabad, inter alia, on the ground that the Mines and Minerals (Development and Regulation) Act, 1957 (for short 'the Mines and Minerals Act') is not covered under the Act and also that the nature of activity in which the petitioners are involved, can not come under the ambit of the Gangster Act.
(3.) Learned counsel for the petitioners has submitted that Sections 379/411 IPC are not applicable and, therefore, if any act has been committed under the Mines and Minerals Act, then the provisions of the Gangster Act are not attracted to the definition provided under Section 2 of the Gangster Act.;


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