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2025 DAILYLAW 122193 (ALL)

ADARSH SINGH ALIAS YESHU SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND OTHERS

CRLP/1056/2025 · 2025-02-07

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8097-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1056 of 2025 Petitioner :- Adarsh Singh Alias Yeshu Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- P.K. Singh Bisen Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents. The present writ petition has been by the petitioner with the following prayers :- I. Issue a writ, order or direction in the nature of CERTIORARI to quash the impugned First Information Report dated 17.10.2024 bearing Case Crime No. 219 of 2024 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. II. Issue a writ, order or direction in the nature of CERTIORARI to quash the gang chart dated 09.10.2024 approved by the District Magistrate, Pratapgarh contained as Annexure No. 2 to this writ petition. Learned counsel for the petitioner has stated that the petitioner has been falsely implicated in the impugned F.I.R. with the allegation that the petitioner is a gang leader of a gang that commits offenses in an organized manner. Since he is habitual of committing such offenses to gain economic benefit, the U.P. Gangster and Anti- Social Activities (Prevention) Act, 1986 (hereinafter referred to as the 'Act') has been invoked against him. It has also been submitted that incomplete and incorrect information was furnished before the authorities by the station house officer, on the basis of which the impugned F.I.R. has been lodged. Two criminal cases have been shown against the petitioner and in both cases, the petitioner has been bailed out by the Court concerned. It has also been stated that initially, when one of the alleged members of the gang was caught by the police, he did not name the petitioner. However, in an additional statement, due to undue pressure from the concerned police station, the name of the petitioner surfaced. We have gone through the contents of the F.I.R., which mentions at least two criminal cases, namely, Case Crime No. 48 of 2024, under Sections 147, 148, 149, 341, 307, 504, 506 I.P.C., and Case Crime No. 193 of 2023, under Sections 419/420 I.P.C. and Sections 60(1)/63 Excise Act, registered against the petitioner. We also find that the sections invoked against the petitioner in the two F.I.R./criminal cases lodged against him are covered under the offenses detailed as anti-social activities under Section 2(b)(i to xxv) of the Act. Although there is a vague pleading in the writ petition that Rule 5(1) of Rule 2021 has not been followed, no definite violation has been pleaded. We have gone through the copy of the gang chart and find that the nodal officer sent the report on 24.09.2024. Apparently, a joint meeting was held by the Superintendent of Police, Pratapgarh and the District Magistrate, Pratapgarh, as both officers signed on the same date, i.e., 09.10.2024. While signing/approving the report of the Nodal Officer, details regarding the satisfaction achieved by the officers have also been mentioned. Therefore, we find no good ground to grant a prayer as made in the writ petition. The writ petition is accordingly dismissed without prejudice to the legal remedy available to the petitioner under the law. Order Date :- 7.2.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench