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2023 DIGILAW 1393 (ALL)

Vinod Kumar Mishra v. State of U. P.

2023-05-23

ANJANI KUMAR MISHRA, NAND PRABHA SHUKLA

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JUDGMENT : Nand Prabha Shukla, J. 1. Heard Sri Anurag Pathak, learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 2. The instant writ petition seeks quashing of the FIR dated 23.02.2023 giving rise to Case Crime No.94 of 2023, under Section 3(i) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Ramgarh Tal, District-Gorakhpur. 3. The submission of learned counsel for the petitioner is that the petitioner has been falsely implicated due to political influence. It has further been argued that there is non-compliance of certain provisions of U.P. Gangsters and Anti Social Activities (Prevention) Rules, 2021. The due procedure for approval of the gang chart has not been followed. No proper scrutiny has been made before recommending and forwarding the Gang Chart. Apart from the aforesaid contention, it has been submitted that the joint meeting did not take place. 4. Per contra, learned A.G.A. for the State has refuted the aforesaid submissions on the ground that the petitioner is an active member of the gang and has been roped on the basis of charge sheet prepared in two base cases:- (i) Case Crime No. 606 of 2022, under Sections 147, 323, 504, 506, 427, 455, 307 IPC, Police Station Ramgarh Tal, District Gorakhpur, vide charge sheet dated 04.01.2023. (ii) Case Crime No.621 of 2022, under Sections 193, 420, 120-B IPC, Police Station Ramgarh Tal, District Gorakhpur, vide charge sheet dated 06.01.2023. 5. It has been emphasized that Rule 16 of the U.P. Gangsters and Anti Social Activities (Prevention) Rules, 2021 in its general application provides for taking quick forwarding action by the Police Officers while recommending and forwarding the gang-chart. Apart from above, it is relevant to quote Rule 16(3) of the aforesaid Rules, which reads as follows:- "Rule 16....................... (3):-Resolution of the Commissioner of Police/District Magistrate:-When the gang-chart is sent to the Commissioner of Police/District Magistrate along with all the Forms, all the facts will also be thoroughly perused by the Commissioner of Police/District Magistrate and when he is satisfied that the basis of action exists in the case, then he will approve the gang-chart stating therein that: "I duly perused the gang-chart and attached Forms in the light of the evidence attached with the gang-chart satisfactory grounds exist for taking action under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The gang chart is approved accordingly." It is noteworthy that the words written above are only illustrative. There is no compulsion to write the same verbatim but it is necessary that the meaning of approval should be the same as the recommendations written above, and it should also be clear from the note of approval marked." 6. Thus, from the perusal of the gang-chart dated 20.02.2023, it is apparent that the recommending Police Officers as well as concerned District Magistrate were unanimous. Their implied concurrence as clear from the fact that they had recommended and forwarded the gang chart for approval on the very same date itself as a quick forwarding action. Besides, there is no basis for the submission of counsel for petitioner that no joint meeting was in fact held at the time approval was accorded to the gang-chart. Merely because the approving authority has approved the gang-chart subsequently, it cannot be assumed that no joint meeting took place, specially when the bald statement made in the petition stands denied by learned A.G.A., on the basis of instructions received by him. 7. The petitioner being an active member of the gang has indulged in several anti social activities. Thus, non-compliance of the provisions of the U.P. Gangsters and Anti Social Activities (Prevention) Rules, 2021, as contended by counsel for the petitioner, has no basis. 8. Where the gang-chart is recommended and forwarded for approval without unnecessary delay, it cannot be deduced that the provisions of the U.P. Gangsters and Anti Social Activities (Prevention) Rules, 2021 have not been complied. 9. The main purpose for implementing the said Rules is to provide transparent procedure to punish the Gangsters and to establish an efficient machinery to prevent anti social activities. 10. In view of the aforesaid facts and circumstances, the allegations in the FIR disclose a commission of cognizable offence. 11. No interference is required. The writ petition is, therefore, dismissed.