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2025 DAILYLAW 82752 (ALL)

MUKHTAR QURAISHI AND AND ANOTHER v. State of U.P. AND ANOTHER

A482/25379/2024 · 2025-01-09

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6042 Court No. - 76 Case :- APPLICATION U/S 482 No. - 25379 of 2024 Applicant :- Mukhtar Quraishi And And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Javed Khan,Jiya Uddeen,Subuhi Naseem Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State-respondent, and perused the record. 2. The instant application has been preferred with the prayer to quash the charge sheet dated 22.5.2024 and summoning order dated 28.5.2024, passed by the learned Additional Sessions Judge/Special Judge (E.C. Act)/Special Judge (Gangsters Act), Ghazipur, as well as entire proceedings of Special Sessions Trial No.802 of 2024, titled as State v. Shakeel Ahmad Quaraishi and others, arising out of Case Crime No.581 of 2023, under section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Kotwali, District Ghazipur, pending in the court of learned Additional Sessions Judge/Special Judge (E.C. Act)/Special Judge (Gangsters Act), Ghazipur. 3. Learned counsel for the applicants contends that the provisions of the Gangsters Act have been invoked solely on the basis of a single case, i.e., Case Crime No.432 of 2023, under Sections 3/5/5B/8 of the Uttar Pradesh Cow Slaughter Act & section 11 of the Prevention of Animals to Cruelty Act, P.S. Kotwali, District Ghazipur. It is argued that the applicants have been implicated merely due to their relationship with the alleged gang leader. Further, it is submitted that the preparation and approval of the gang chart were not carried out in compliance with Rule 5(3)(a) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021, which mandates independent application of mind by the officers concerned. 4. Per contra, learned A.G.A. has opposed the application, submitting that the allegations against the applicants clearly fall within the ambit of the Gangsters Act. The invocation of the Act is supported by material evidence as reflected in the gang chart and the FIR of the base case. The submission regarding procedural non-compliance with the Rules of 2021 is misplaced, as both the base case and the proceedings under the Gangsters Act were initiated in 2023, after the Rules came into effect. 5. After hearing the submissions of learned counsel for the applicants and learned A.G.A. for the State, and upon perusal of the record, this Court finds no substance in the contention that the invocation of the Gangsters Act on the basis of a single case is impermissible. The Act does not mandate multiple cases as a prerequisite for invoking its provisions. A single case, if it involves activities that fall within the purview of the Act, is sufficient to justify its application. 6. Furthermore, the gang chart and other documents prima facie indicate that there are sufficient material against the applicants, suggesting their involvement in anti-social activities as defined under the Act. The argument regarding non-compliance with Rule 5(3)(a) of the Rules of 2021 lacks merit, as no specific procedural irregularity or mala fide intent has been demonstrated. 7. The scope of interference under Section 482 Cr.P.C. is limited to instances where the proceedings are ex facie illegal, without jurisdiction, or manifestly attended with malafide intent. None of these grounds are made out in the present case. The questions raised by the applicants pertain to disputed facts and the sufficiency of evidence, which are matters to be adjudicated upon by the trial court during the course of the trial. 8. In view of the above, the application under Section 482 Cr.P.C. lacks merit and is hereby dismissed. Order Date :- 9.1.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad