TIKKU @ TINKU @ ARVIND AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/6027/2025 · 2025-07-09
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149612 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149612 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:38954-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6027 of 2025 Petitioner :- Tikku @ Tinku @ Arvind And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Dilip Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioners as well as learned A.G.A. for the State and perused the record. 2. This writ petition has been filed with following prayers:
"a. Issue a writ, order or direction in the nature of Certiorari for quashing the first information report dated 25.06.2025 in Case Crime no. 0085/2025, under section 2/3 U.P. Gangster and Anti- Social Activities (Prevention) Act, 1986, Police Station-Mandhata, District-Pratapgarh (so far as it relates to the Petitioners), as contained in Annexure No.1, to this writ petition. b. Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.1 to 3 not to arrest the Petitioners in Case Crime no. 0085/2025, under section 2/3 U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station-Mandhata, District-Pratapgarh (so far as it relates to the Petitioners), as contained in Annexure No.1, to this writ petition."
3. It has been submitted by learned counsel for the petitioners that both the cases, whose reference has been made in the gang chart, relate to the same offence and also the gang chart has not been prepared with sufficient care as it mentions that the petitioners are threatening the witness/widow of the deceased for not doing paravi whereas the evidence has already been given by the prosecution witnesses before the trial court, where
the trial is pending. 4. It has also been submitted that there is also violation of provisions of Rule 5(3)(a) and Rule 17(2) of the Gangster Rules 2021, which are quoted below:
"5(3)(a). The gang-chart will not be approved summarily but after due discussion in a joint meeting of the Commissioner of Police/District
Magistrate/Senior
Superintendent
of Police/Superintendent of Police. 17(2). A pre-printed rubber seal gang-chart should not be signed by the Competent Authority; otherwise the same shall tantamount to the fact that the Competent Authority has not exercised its free mind."
5.
We have gone through the approval endorsed by the District Magistrate, Pratapgarh on the gang chart prepared by the recommencing authority and the endorsement made by the District Magistrate, Pratapgarh is being quoted below:
"ममेरमे दद्वारद्वा ससंलग्न गगग चद्वारर व ससंगत अभभिलमेखखों कद्वा सम्यक पररशशीलन भकयद्वा गयद्वा। उपररोक्त गगग ससंगभठित रूप समे अपरद्वाध कद्वाररत करतद्वा हहै। ममेरद्वा यह समद्वाधद्वान हरो गयद्वा हहै भक इस पर उ०प्र० गगगस्रसर एक्र 1986 कमे तहत कद्वायरवद्वाहशी कमे पयद्वारप्त आधद्वार भवद्यमद्वान हग। तत्क्रम मम पपुललस अधशीक्षक ककी आख्यद्वा समे सहमत अनपुमरोभदित ।"
6. In view of above, it is evident that the District Magistrate, Pratapgarh has applied his independent mind on the papers, which have been presented before him. Therefore, we do not find any violation of the rules in the gang chart. 7. Accordingly, writ petition stands dismissed. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 9.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench