Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 118480 (ALL)

ROHIT PAL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME AND OTHERS

CRLP/500/2025 · 2025-04-03

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:18552-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 500 of 2025 Petitioner :- Rohit Pal Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home And Others Counsel for Petitioner :- P.K. Singh Bisen,Pallavi Mishra Counsel for Respondent :- G. A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and learned A.G.A. 2. This petition has been filed with the following main prayers:- "Issue a writ, order or direction in the nature of CERTIOARI to quash the impugned First Information Report dated 04.01.2025 bearing Case Crime No.04 of 2025 under Sections 2, 3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 at Police Station- Hathigawan, District- Pratapgarh lodged by the opposite party No.4, so far relates to the petitioner contained as Annexure No.1 to this writ petition. Issue a writ, order or direction in the nature of CERTIOARI to quash the gang chart dated 30.12.2024 approved by the District Magistrate, Pratapgarh, contained as Annexure No.2 to this writ petition." 3. Learned counsel for the petitioner submits that there is a new gang and while initiating proceedings with regard to new gang of which the petitioner claimed to be a member compliance of Rule 7 of the U.P. Gangster and Anti-Social Activities (Prevention) Rules, 2021" (in short " the Gangsters Rules, 2021") was required to be made. He submits that the present gang chart dated 30.12.2024 is prepared on the basis of case crime no. 33 of 2022 under Sections 457, 380, 411 I.P.C. Police Station- Nawabganj, District Prayagraj, which is with regard to a F.I.R. lodged prior in date to the first gang chart dated 14.7.2022. Thus, the said case could not have been taken into consideration for preparing a gang chart and the same is in violation of Rule 7 of the Gangsters Rules, 2021. 4. Learned A.G.A. opposes the aforesaid submissions made by the learned counsel for the petitioner and states that there is no violation of Rule 7 of the Gangsters Rules, 2021 in the present case. 5. Rule 7 of the U.P. Gangster and Anti-Social Activities (Prevention) Rules, 2021" (in short Gangsters Rules, 2021) reads as follows:- "7. Charges mentioned in the earlier gang-chart not to be made the basis of charges in the new gang-chart.- (1) If action has been taken against a gang in the past under the Act and at present a new gang has been formed by the member or gang leader of such gang which has changed its criminal territory or is indulging in new criminal activities, then while preparing the new gang-chart, any crime mentioned in the earlier gang-chart shall not be mentioned in the existing gang-chart; and if crime is being committed by changing the gang, with new members or with new gang, then this fact should be clearly mentioned in the abstract of the gang-chart. (2) In addition to the above, a list of criminal history may be attached separately," 6. On bare perusal of provisions of Rule 7 of the Rules, 2021 shows that requirement is that the new gang chart with regard to a new gang shall not contain any criminal case mentioned in the earlier gang chart. In the present case, a perusal of both the gang charts shows that the criminal cases referred to in the earlier gang chart were different than the present gang chart and even the gang members of both the gang charts, though have a few common roles, but are of different gangs with further different members. From perusal of the language of Rule 7 of the Rules, 2021, it is clear that the new gang chart should not contain any crime number mentioned in the earlier gang chart. From the facts of the case, the requirement of Rule 7 of the Rules, 2021 is fully complied with, hence there is no force in the submission of learned counsel for the petitioner. 7. The present petition is accordingly dismissed. [Brij Raj Singh, J.] [Vivek Chaudhary, J.] Order Date :- 3.4.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench