Criminal Misc. Writ Petition seeking quashing of an FIR under U.P. Gangsters and Anti Social Activities Act. Court rejected argument that absence of gang-chart invalidated FIR due to lack of statutory mandate for its enclosure with FIR. Petition dismissed.
Writ petition dismissed; writ jurisdiction not exercised.
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A.F.R.
Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 1077 of 2020
Petitioner :- Ranpal Pradhan Respondent :- State of U.P. and Another Counsel for Petitioner :- Swati Agrawal Srivastava Counsel for Respondent :- G.A.
Hon'ble Pankaj Mithal,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Smt. Swati Agrawal Srivastava, learned counsel for the petitioner and learned A.G.A. for the respondents.
The petitioner has preferred this petition for quashing of the F.I.R. dated 30.12.2019 registered as Case Crime No. 0457 of 2019 under Sections 2(b)(i), 2(b)(iii), 2(b)(iv), 2(b)(vii), 2(b) (viii), 2(b)(xi), 2(b)(xii) and 3(1) of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Badalpur, District Gautam Buddh Nagar.
The first argument of learned counsel for the petitioner is that as the gang-chart is not enclosed with the F.I.R., it is bad in law.
We had given time to the counsel to show us the provision of law which mandates enclosure of the gang-chart with the F.I.R.
In that connection, she has produced two Government Orders dated 30.06.2014 and 25.06.2018.
The aforesaid Government Orders provide for the preparation of the gang-chart and for its approval, but none of them in any specific terms mentions that the gang-chart ought to be part of the F.I.R.
In view of the above, the said Government Orders are of no help to the petitioner and the argument that the F.I.R. is bad for want of gang-chart with the F.I.R. is without any substance.
Learned counsel for the petitioner next submitted that the F.I.R. has been lodged without preparing the gang-chart and getting its approval but we find no pleadings in this regard in the petition or in the supplementary affidavit. On the contrary, the F.I.R. mentions that the gang-chart was prepared and approved.
The averments to the said effect contained in the F.I.R. cannot be ignored and said to be false.
The F.I.R. mentions that D.M., Gautam Buddh Nagar has submitted a report strongly recommended for invoking the provisions of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 and that the report of the D.M. in this regard is quite revealing. The relevant part of the said report as referred to in the F.I.R. reads as under-:
"It shows a very dangerous trend of serious crime by the gang and its members. It appears that the gang has become too large. There is an urgent need to bring these unlawful activities within the provisions of law. Else the economic and social life of district Gautam Buddh Nagar, which is a show window of U.P. and has very high financial interest will significantly get affected adversely. The report clearly suggest that there cannot be a better case under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 than this. On perusal of the history sheet shows that though some cases have been registered under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 but they are against the few gang members only and for particular crime. Such pattern of structure and function of organized criminals working hand in glove together was never taken cognizance of earlier and therefore this report and proposed action under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 by Gautam Buddh Nagar police will prove to be a landmark case in the investigation of such organized criminal activities in the district."
The F.I.R. reveals that most of the members of the gang are already facing large number of criminal cases and that they are operating from jail.
In view of the aforesaid facts and circumstances, as the allegations made in the F.I.R. make out a cognizable offence against the petitioner and the matter requires investigation, it is not a fit case for quashing the F.I.R. in exercise of writ jurisdiction.
Accordingly, we decline to exercise our discretionary jurisdiction in the matter and the writ petition is dismissed .
Order Date :- 3.2.2020 Nirmal_Sinha
2 issues framed by the court
Whether the non-enclosure of a gang-chart with the FIR renders the FIR bad in law under the Uttar Pradesh Gangsters and Anti Social Activities Act.
Whether the FIR disclosing cognizable offences is a fit case for quashing under writ jurisdiction.
1 provisions across 1 enactments
Ranpal Pradhan
State of U.P.
Pankaj Mithal
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
