SHIV PRATAP SINGH ALIAS CHINU v. STATE OF U.P. AND 3 OTHERS
NA528/9274/2025 · 2025-04-28
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32122 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32122 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:68247 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9274 of 2025 Applicant :- Shiv Pratap Singh Alias Chinu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Aman Patel,Neeraj Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties.
2. Present application has been preferred with the prayer to quash the charge sheet dated 12.02.2025 as well as summoning order dated 13.02.2025 arising out of Case no. 65 of 2025 arising out of Case Crime no. 0041 of 2024 under Section 3(1) of U.P.Gangsters and Anti-Social Activities (Prevention) Act, 1986 at PS- Fatehgarh Kotwali, District Farrukhabad pending in court of learned Special Judge, Gangster Act, Farrukhabad.
3. At the very outset, learned counsel for applicant sought the attention of court over page no. 40 of the instant application whereat gang-chart of present case has been appended. Learned counsel contended that while approving the gang-chart Rule 5(3) (a), 16 & 17 of U.P.Gangsters & Anti-Social Activities (Prevention) Rules, 2021 has not been complied with. Learned counsel for the applicant while raising arguments, relied upon
judgment passed by Division Bench of this Court in case of Sanni Mishra @ Sanjayan Kumar Mishra vs. State of U.P. and 2 others decided on 13.12.2023 in Crl. Misc. Writ Petition no. 16258 of 2023 wherein the arbitrariness has been highlighted while forwarding and approving the gang chart. Lastly, it has been submitted that impugned proceeding is not sustainable in the eye of law and is liable to be set aside.
4. Per contra, learned AGA vehemently opposed the prayer sought through the instant application and submitted that the gang-chart has been approved in consonance with Rule 5(3)(a), 16 & 17 of Rules of 2021. From perusal of gang-chart, it transpires that the same has been approved on same date in joint meeting of District Magistrate, Farrukhabad and Superintendent of Police, Fatehgarh and as such no interference is required.
5. After hearing the rival submissions extended by learned counsels for the parties and by bare perusal of the gang-chart which has been appended along with instant application, it is crystal clear that the joint meeting has been held by District Magistrate, Farrukhabad and Superintendent of Police, Fatehgarh wherein the specific wording has been mentioned for perusal of the records and regarding their satisfaction and as such the same has been approved. Considering the facts and circumstances of present case, this Court finds that judgment relied upon by learned counsel for applicant in case of Sanni Mishra @ Sanjayan Kumar Mishra (supra) is not applicable in the instant matter. Rest of the grounds whatsoever has been taken up by learned counsel for the applicant at the time of challenging the entire proceeding initiated at the behest of Section 3(1) of Gangster Act, 1986 is the matter which is to be taken care at the time of trial only.
6. In view of foregoing discussions, instant application u/s 528 BNSS lacks merit, hence dismissed.
Order Date :- 29.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad