Allahabad High Court
Master @ Ramzan And Anr. vs State Of U.P. Through Prin. Secy. Home ... on 9 December, 2020
Bench: Ritu Raj Awasthi, Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Court No. - 9 A.F.R. Case :- MISC. BENCH No. - 22007 of 2020 Petitioner :- Master @ Ramzan And Anr. Respondent :- State Of U.P. Through Prin. Secy. Home And Ors. Counsel for Petitioner :- Asim Kumar Singh Counsel for Respondent :- G.A. Hon'ble Ritu Raj Awasthi,J.
Hon'ble Mrs. Saroj Yadav,J.
( By Oral order )
1. Heard Asim Kumar Singh, learned counsel for the petitioners and Shri Shachindra Pratap Singh, learned A.G.A. for the respondent State.
2. The writ petition has been filed challenging the impugned F.I.R. No.0430 of 2020 dated 13.10.2020, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (for short 'Gangsters Act') registered at Police Station Kotwali Dehat, District Gonda.
3. The petitioners have also prayed for quashing of the Gang Chart prepared under the U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station Kotwali Dehat, District Gonda and commanding the opposite parties to drop the proceedings under Section 3(1) of Gangsters Act registered at Police Station Kotwali Dehat, District Gonda, with all consequential reliefs.
4. Learned counsel for the petitioners submits that the impugned F.I.R. has been lodged in a most arbitrary and illegal manner without proper application of mind.
5. It is also submitted that in the gang chart, three criminal cases have been shown against petitioner no.2. In case bearing Case Crime No.156/2019, he has been granted bail whereas so far Case Crime No.312 of 2019 and Case Crime No.406 of 2020 are concerned, the police has not yet filed any chargesheet in the concerning court.
6. Similarly, in the gang chart, two criminal cases have been shown against petitioner no.1. In one case bearing Case Crime No.156/2019, he has been granted bail whereas in other case, chargesheet has not been filed by the police as yet.
However, on the basis of the wrong information furnished in the gang chart, the impugned F.I.R. has been lodged against the petitioners.
7. It is stated that as per the Government Order dated 2.1.2004 as well as Circular issued by the Director General of Police dated 24.10.2003, only those criminal cases in which chargesheets have been filed, shall be taken into consideration for the purpose of invoking Gangsters Act, 1986.
8. Learned A.G.A. was granted time to seek instructions. Learned A.G.A. on the basis of the instructions, has filed short counter affidavit, which is taken on record.
9. In paragraphs 5,6 and 7 of the short counter affidavit, it has been stated that the police after completing investigation, had filed the chargesheet in Case Crime No.156 of 2019 before lodging of impugned F.I.R., however in Case Crime No.312 of 2019, the chargesheet has been prepared by the police and has been submitted in the concerning court on 4.12.2020. Similarly, in Case Crime No.406 of 2020, the police has prepared the chargesheet which has been submitted before the court concerned on 4.12.2020. The relevant paragraphs are reproduced as under :-
"5. That it is relevant to mention here that after completion of investigation in Case Crime No.156 of 2019 registered at Police - Kotwali Dehat, District Gonda under Sections 323, 504, 307 and 302 IPC, 7 CLA Act, charge sheet dated 31.05.2019 was forwarded and received by the concerned Court on 12.06.2019.
6. That in Case crime No.312 of 2019, registered at Police Kotwali Dehat, District Gonda, under Sections 504, 506 IPc, chargesheet dated 30.11.2020 was forwarded and received by the concerned court on 04.12.20202. Phototstat copy of the receipt dated 04.12.2020 is being filed herewith as Annexure No.SCA-1 to this Short Counter Affidavit.
7. That in Case Crime No.406/2020, registered at Police - Kotwali Dehat, District Gonda, under Sections 352, 504 and 506 IPC, charge sheet dated 29.09.2020 was forwarded and received by the concerned Court on 04.12.2020. Photostat copy of the receipt dated 04.12.20202 is being annexed as Annexure No.SCA-2to this Short Counter Affidavit."
10. As such, it is evidently clear that in Case Crime No.312 of 2019 as well as Case Crime No.406 of 2020, the chargesheets against the petitioners have been filed in the court after lodging of the impugned F.I.R. under Section 3(1) of the Gangsters Act, 1986.
11. It is to be noted that the Government Order dated 2.1.2004 specifically provides that only those criminal cases shall be included in the gang chart in which the police has prepared the chargesheet and the same has been filed before the court concerned.
12. It has also been mentioned in the said Government Order that in case of any misuse by the authorities, the concerning incharge of the police station as well as Senior Superintendent of Police/ Superintendent of Police Incharge of the concerned Districts shall be held responsible.
13. Paragraphs 5 and 10 of the Government Order dated 2.1.2004 are relevant. Paragraphs 5 and 10 of the Government Order dated 2.1.2004 are reproduced :-
"5. fdlh Hkh fxjksg ds fo:) dk;Zokgh djus ds fy,] mlds fo:) dsoy mUgha ekeyksa dks vkijkf/kd lwph esa lfEefyr ekuuk pkfg,] ftu ekeyksa esa iqfyl }kjk foospuk ds mijkUr vkjksi i= izsf"kr fd;k tk pqdk gSA ftu ekeyksa esa vfUre fjiksVZ izsf"kr dh tk pqdh gS ;k U;k;ky; }kjk fopkj.k ds mijkUr vfHk;qDr dks nks"keqDr fd;k tk pqdk gS] mls vkijkf/kd fooj.k esa lfEefyr u fd;k tk;sA 10- ;gk¡ ;g Hkh Li"V fd;k tkrk gS fd ;fn fdlh tuin esa bl vf/kfu;e esa fn;s x;s izkfo/kkuksa ds lEcU/k esa fdlh v/khuLFk vf/kdkjh }kjk vius drZO; ikyu dh mis{kk djus vFkok vius vf/kdkj dk nq:i;ksx dk dksbZ ekeyk izdk'k esa vkrk gS rks lEcfU/kr Fkkuk izHkkjh ,oa nks"kh ik;s x;s vf/kdkjh ds vykok tuin ds ofj"B iqfyl v/kh{kd@ iqfyl v/kh{kd izHkkjh Hkh mRrjnk;h ekus tk;saxsA"
14. It is also to be noted that vide Circular dated 24.10.2003, Director General of Police, U.P. has issued the directions similar to the Government Order dated 2.1.2004 as noted above.
Relevant paragraph 2 of Circular dated 24.10.2003 is reproduced as under :-
"2- fdlh Hkh fxjksg ds fo:) dk;Zokgh djus ds fy, mlds fo:) dsoy mUgha ekeyksa dks vkijkf/kd lwph esa lfEefyr ekuuk pkfg, ftu ekeyksa esa iqfyl }kjk foospuk ds mijkUr vkjksi&i= iszf"kr fd;k tk pqdk gS] ftu ekeyksa esa vfUre fjiksVZ izsf"kr dh tk pqdh gS ;k U;k;ky; }kjk fopkjk.k ds mijkUr vfHk;qDr dks nks"keqDr fd;k tk pqdk gS] mls vkijkf/kd fooj.k esa lfEefyr u fd;k tk;sA"
15. In view of the above, we are of the considered view that the gang chart dated 9.10.2020, copy of which is annexed as Annexure No.2 to the writ petition was prepared on the wrong information with respect to the filing of the chargesheets in the case crime numbers mentioned therein.
16. The impugned F.I.R. on the basis of the aforesaid gang chart as such was lodged on the basis of the wrong information furnished in the gang chart as noted above.
17. As such the writ petition in the given facts and circumstances is hereby allowed.
The impugned F.I.R. No.0430 of 2020 dated 13.10.2020, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 registered at Police Station Kotwali Dehat, District Gonda as well as gang chart dated 9.10.2020, copy of which are annexed as Annexure Nos.1 and 2 to the writ petition are hereby quashed.
18. However, since it is submitted by learned A.G.A. that now chargesheets in Case Crime No.312 of 2019 and Case Crime No.406 of 2020 against petitioners have already been prepared and filed before the court concerned meaning thereby that in all the criminal cases as mentioned in the gang chart, chargesheets against both the petitioners have been filed as such we hereby give liberty to the competent authority to take a fresh decision in this regard and do the needful.
Order Date :- 9.12.2020 Shukla