SURENDRA SINGH Vs. STATE OF UTTAR PRADESH
LAWS(ALL)-1998-1-52
HIGH COURT OF ALLAHABAD
Decided on January 12,1998

SURENDRA SINGH Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) The Prayer of the petitioner is to quash the first information report dated 20-12-1997 registered as Crime Case No. 65 of 1997, Police Station Lahchura, District Jhansi, as contained in Annexure 3.
(2.) The solitary submission made by Sri. V. S. Singh learned counsel appearing in support of this petition, is that since the petitioner is already facing trial of commission of offences under the U. P. Gangsters and Anti-social Activities Prevention) Act, 1986, the impugned first information report registered under the provision of this very act for further offences was/is not permissible and that the only course left for the State is to lead evidence in regard to subsequent acts at the stage of trial of the earlier case.
(3.) In our view sub-section (2) of Section 8 is complete negation of the submission of Mr. Singh, which reads thus :-"If in the course of any trial under this Act of any offence, it is found that the accused has committed any other offence under this Act, or any rule thereunder or under any other law, the Special Court may convict such ch person of such other offence and pass any sentence authorised by this Act or such rule or, as the case may be, such other law, for the punishment thereof.";


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