Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 132079 (ALL)

MUHAMMAD JAVED ALI AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND OTHERS

CRLP/2819/2025 · 2025-04-08

Ram Manohar Narayan Mishra, Vivek Chaudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:19719-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2819 of 2025 Petitioner :- Muhammad Javed Ali And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Santosh Kr. Yadav Warsi,Deepesh Kumar Yadav,Dheeraj Kumar Yadav,Rati Yadav,Viswash Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for petitioners and learned A.G.A. for the State. 2. Petitioners have approached this Court for the following main reliefs: "i. Issue a writ, order or direction in the nature of the certiorari thereby quashing the order dated 12.03.2025 passed by the District Magistrate, District Sultanpur, whereby the recommendations forwarded by the Police Authorities for initiating prosecution under UP Gangster & Anti-Social Activities (Prevention) Act, 1986 has been approved. (Contained as Annexure No.1). ii. Issue a writ, order or direction in the nature of certiorari thereby quashing the consequential First Information Report/Case Crime No.0103/2025 dated 22.03.2025 got lodged by the opposite party No.4 at Police Station- Kotwali Dehat, District-Sultanpur implicating the petitioners U/S-2 & 3(1) UP Gangsters & Anti-Social Activities (Prevention) Act. (Contained as Annexure No.2)" 3. First submission of learned counsel for the petitioners is that the gang chart does not contain any documents whatsoever and is, therefore, bad. A perusal of the gang chart shows that the same contains Annexure-1-criminal history of all the accused and Annexure-2- dossier of all the accused. There is no denial that the said reference of Annexures-1 and 2 is wrongly made in the gang chart and the gang chart does not contain the same. 4. Learned A.G.A. for the State submits that only a part of the gang chart is filed by the petitioners. 5. Thus, we do not find any force in the said submission of learned counsel for the petitioners. 6. Next submission of learned counsel for the petitioners is that after committing the offence referred to in the gang chart, petitioners have not committed any other offence. 7. The said offence i.e. Case Crime No.156 of 2024 under Sections 376D, 323, 504, 506 IPC, itself is committed in the year 2024, hence, it cannot be said that much time has passed to the same. Thus, merely because there is one criminal case against the petitioners cannot be a ground for quashing the F.I.R. 8. Learned counsel for the petitioners also tried to argue that as per Page-31 of the writ petition i.e. the communication dated 22.3.2025 made by the Station House Officer of Police Station Kotwali Dehat, District Sultanpur, for the first time, police came to know about the criminal case of the petitioners on 22.3.2025 that they are running a gang. Even the said submission of learned counsel for the petitioners has no force as the same is only a communication made by the Station House Officer to the Head Moharir for registering an F.I.R. after the gang chat is duly approved. 9. At the last, learned counsel for the petitioners submits that no joint meeting is held. There is nothing on record to show as to how petitioners came to know that no joint meeting has been held. Such pleadings have been made only on the basis of presumption. 10. We find no force in the writ petition. It is accordingly dismissed. . [Ram Manohar Narayan Mishra,J.] [Vivek Chaudhary,J.] Order Date :- 8.4.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench