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2025 DAILYLAW 29666 (ALL)

RAJU SETH @ RAJESH KUMAR SETH v. STATE OF U.P. AND 3 OTHERS

CRLP/4797/2025 · 2025-03-16

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37699-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4797 of 2025 Petitioner :- Raju Seth @ Rajesh Kumar Seth Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Divya,Veerendra Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and Shri G.P. Singh, learned A.G.A.-I for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 25.02.2025 registered as Case Crime No.36 of 2025 under Section 3(1) of U.P. Gangster and Prevention of Anti-Social Activities Act 1986 IPC, Police Station Newadiya, District Jaunpur. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Learned counsel for the petitioner submits that while recommending and approving the gang-chart, the competent authority has utterly failed to apply independent mind because from perusal of the gang-chart, it is apparent that it was forwarded and approved in summary manner, on different dates at provided proforma, without convening joint meeting, which is in utter violation of Rule 5(3)(a) of the Rules 2021. He states that merely on the basis of implication of petitioner in two cases invocation of gangster proceeding is misuse of process of law and the same is liable to be quashed. 4. Per contra, Shri G.P. Singh, learned A.G.A.-I vehemently opposed the writ petition and placed reliance on the gang chart, which is also appended alongwith writ petition and states that there is a joint meeting of District Magistrate, Janpur and Superintendent of Police, Jaunpur, which was convened on 24.02.2025 and prior to it even the Additional Superintendent of Police (Grameen), Jaunpur, who is Nodal Officer, has signed the same on 20.02.2025. He further placed reliance on criminal antecedent of other accused person, who have long criminal history and the same is reflected from the Gang Chart. He submits that there is organised gang. Even the recovery was made in the instant matter, hence no interference is required in the matter. 5. Heard rival submissions and perused the record. 6. The bone of contention, which is pressed before us, is that while invoking the gangster proceeding, the Authority has given go-bye to the relevant rules. We have perused the record and find that the meeting is conducted as per Rule 5(3)(a) of the Rules 2021 and the same is duly signed by the Competent Authorities. Considering the facts and circumstances as well as the criminal history of petitioner and other co-accused persons, we do not find any good ground for interference in the instant matter. 7. The writ petition sans merit and the same stands dismissed. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 17.3.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad