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2025 DAILYLAW 48682 (ALL)

DR. PUNEET YADAV @ PUNEET KUMAR v. STATE OF U.P. AND 2 OTHERS

CRLP/8158/2025 · 2025-05-04

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

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Judgment text

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Neutral Citation No. - 2025:AHC:71505-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8158 of 2025 Petitioner :- Dr. Puneet Yadav @ Puneet Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Choudhary Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner and Sri Paritosh Malviya, learned AGA-I, appearing on behalf of the State. 2. The present writ petition has been filed seeking the following reliefs: (a) To quash the First Information Report dated 29.03.2025, registered as Case Crime No. 058 of 2025, under Sections 3(1), 2(b)(1), and 2(b)(xi) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, Police Station Aata, District Jalaun, insofar as it pertains to the petitioner; and (b)To restrain the respondents from arresting the petitioner in pursuance of the aforesaid FIR. 3. A supplementary affidavit has been brought on record, enclosing the gang chart. It is contended by learned counsel for the petitioner that the said gang chart was not prepared in compliance with Rule 5(3)(A) of the Gangster Rules, 2021, as the District Magistrate and Superintendent of Police, Jalaun allegedly recorded their satisfaction on separate dates rather than in a joint meeting. 4. In support of his submissions, learned counsel for the petitioner has placed reliance on the recent judgment of the Hon’ble Supreme Court in Jay Kishan and Others v. State of Uttar Pradesh and Others, 2025 INSC 198, and submits that the dispute in question is of a civil nature and does not warrant invocation of the provisions of the Gangsters Act. 5. Per contra, learned AGA has placed on record detailed instructions along with the minutes of the meeting held on 29.03.2025, which was duly attended by both the District Magistrate and the Superintendent of Police, Jalaun. This directly rebuts the petitioner's claim of non-compliance with the prescribed procedure. 6. We have carefully considered the submissions made by the parties and have perused the entire record, including the supplementary affidavit and the instructions filed by the learned AGA-I. 7. It is worth noting that the petitioner, while filing the writ petition, failed to annex the gang chart despite raising a plea of procedural violation. It was only after an objection was taken by the Court on a prior occasion that the gang chart was subsequently brought on record. The same contention regarding Rule 5(3)(A) has been reiterated in the supplementary affidavit. 8. Upon examination, we find that the meeting dated 29.03.2025 was indeed convened jointly by the District Magistrate and the Superintendent of Police, thereby fulfilling the statutory requirement under the Gangster Rules, 2021. Additionally, the record reveals that the petitioner has several criminal antecedents, including serious allegations of extortion and illegal encroachment on public utility land. 9. We further observe that the facts of the present case are clearly distinguishable from those in Jay Kishan (supra). The reliance placed on the said judgment, therefore, does not advance the petitioner's case. 10. In light of the above discussion, no ground for interference under Article 226 of the Constitution of India is made out. 11. The writ petition is accordingly dismissed. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 5.5.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad