PRATAP SAHI,J. - (1.) Heard Sri Gopal Chaturvedi, learned Senior Counsel assisted by Sri Prashant Vyas for the petitioner and Sri Ajit Ray, learned counsel for the State.
(2.) The petitioner has preferred this petition for quashing of the FIR that was registered against him under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The FIR was lodged at Police Station-Cantt Nagar, Gorakhpur on 29th October, 2013.
(3.) The submission is that there is no material to establish that the petitioner is a member of any gang, or has otherwise indulged into any such activity which may even prima facie establish the status of the appellant as a Gangster for committing any anti-social activity in terms of the 1986 Act. Sri Chaturvedi submits that as is evident from the pleadings that have been brought on 2 record, the FIR dated 29th October, 2013 has nowhere led to the filing of any police report against the petitioner till date, and therefore, this clearly establishes the absence of any material on the basis whereof a case for prosecution is made out. This Court while proceeding to dismiss the writ petition on 04.12.2013 had not considered the aforesaid aspects, as a result whereof, the appellant had approached the Apex Court assailing the said order in Criminal Appeal No. 977 of 2016 that was allowed on 4th October, 2016 whereby the judgment dated 04.12.2013 was set aside and this Court was requested to dispose of this petition within a period of six months.;