Application under Section 482 CrPC to quash the charge sheet and proceedings under the U.P. Gangsters Act was declined. The Court held that prima facie ingredients of the offence existed and interference at this preliminary stage was not warranted.
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Court No. - 64
Case :- APPLICATION U/S 482 No. - 42918 of 2022
Applicant :- Anil Kumar Srivastava Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ambreen Masroor,Sadrul Islam Jafri,Sr. Advocate Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard Sri N.I. Jafri learned Senior Counsel assisted by Ms. Ambreen Masroor learned counsel for the applicant and the learned AGA for the State.
Present application has been filed to quash the charge sheet dated 1210.2021 and the proceedings of Special Sessions Trial No. 274 of 2022 arising out of Case Crime No. 242 of 2020 under Sections 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Bhadohi, District Bhadohi, pending in the court of Additional Sessions Judge/Fast Track Court First Special Judge (Gangsters Act), Bhadohi.
Submission is, applicant is not a gangster as defined. He had only let out his premises to co-accused Pankaj Singh who may have been involved in certain occurrence. 870 cartons of Whiskey were recovered from that premises. Applicant has been wrongly named in the main case. Consequently, he has been falsely implicated under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
As to current status, it has been submitted, the applicant has been enlarged on bail in the main case during investigation itself.
On the other hand, learned AGA states, present is clearly a case where if the allegations made in the main case are true, ingredients
alleged under Gangsters Act may be made out.
Having heard learned counsel for parties and having perused the record, without drawing any inference as to fact, at present it is difficult to quash the prosecution as prima facie ingredients of offence alleged may exist. Leaving it open to the applicant to apply for bail, which may be dealt with in accordance with law, interference at this preliminary stage to quash the prosecution is declined. It is however provided in the event of applicant seeking remedy of bail, that application may be dealt with and decided strictly in accordance with law without being prejudiced by any observation made in this order.
With the above observation, present application is disposed of.
Order Date :- 6.2.2023 Faraz
Digitally signed by :- FARAZ AHMAD High Court of Judicature at Allahabad
1 issue framed by the court
Whether the ingredients of the offence under the U.P. Gangsters Act are prima facie made out?
2 provisions across 2 enactments
Anil Kumar Srivastava
State of U.P.
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
