In this Criminal Misc. Application under Section 482 Cr.P.C, the applicant challenged the charge sheet submitted under the U.P. Gangster Act, alleging fabricated case details. The High Court dismissed the application, holding it lacked merits as the proceedings followed due procedure and no abuse of process was established.
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Court No. - 91
Case :- APPLICATION U/S 482 No. - 27652 of 2021
Applicant :- Mohammad Zaki Opposite Party :- State of U.P. and Another Counsel for Applicant :- Azizur Rahman Khan,Mohd Shamim Khan Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Supplementary afÏdavit filed today is taken on record.
This Criminal Misc. Application under Section 482 Cr.P.C is filed to quash the entire proceedings of Case Crime No .139 of 2020 under Section 3(1) of U.P. Gangster Act.
Applicant is an accused in the aforesaid case crime number and after investigation charge sheet has been submitted which is Annexure no. S.A.2 of Supplementary AfÏdavit.
The submission of the learned counsel for the applicant is that false cases have been lodged against the applicant. It is also submitted that Superintendent of Police (Rural), Moradabad vide letter dated 1.12.2020 has submitted that case under Section 3(1) of U.P. Gangster Act is not in accordance with the procedure prescribed. In gang chart false and fabricated cases are shown. No offence under U.P. Gangster Act is made out against the applicant. On the aforesaid ground learned counsel for the applicant prayed that charge sheet be quashed and some protection be granted to the applicant.
Learned A.G.A submitted that after following due procedure and investigation, charge sheet has been submitted against the applicant. It also reveals that the applicant has not cooperated in the investigation and made himself available to the Investigating OfÏcer. Coercive measures were adopted against him. His property has been attached under Section 83 Cr.P.C and charge sheet against him has been filed in absconder.
On the basis of the gang chart the applicant was challaned for offence under Section 3(1) of U.P.
Gangster Act. After investigation charge sheet has been submitted and which is in absconder. The property of the applicant is under attachment under Section 83 of Cr.P.C during the course of investigation. There is nothing on record to show that charge sheet is an abuse of process of law and continuation of proceedings is abuse of process of court.
This application under Section 482 Cr.P.C lack merits and is hereby dismissed.
Order Date :- 4.3.2022 Rakesh
Digitally signed by RAKESH SINGH Date: 2022.03.05 11:56:52 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the Criminal Misc. Application under Section 482 Cr.P.C to quash proceedings under U.P. Gangster Act lacks merits.
Whether the charge sheet in an absconder case constitutes abuse of process of law.
3 provisions across 2 enactments
Mohammad Zaki
State of U.P.
Mohd. Amin
Rakesh Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
