Dismissed

Ramesh and Another v. State of U.P. and Another

Allahabad HC14 Aug 2024A482/22606/2024

Case brief

AI extract

What is this about?

An application under Section 482 Cr.P.C. challenging the invocation of the Gangster Act and summoning order was dismissed. The Court held that serious allegations justified the proceedings and these questions of fact fell outside the scope of Section 482.

What did the court decide?

Application under Section 482 Cr.P.C. filed to quash the charge sheet and summoning/cognizance order was dismissed as devoid of merit.

Ramesh and Another vs State of U.P. and Another — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC:142932

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 22606 of 2024 Applicant :- Ramesh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Chaturvedi Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard Sri Saurabh Chaturvedi, learned counsel for the applicants, learned A.G.A for the State and perused the record.

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The instant application under Section 482 Cr.P.C. has been preferred with the prayer to quash the charge sheet dated 24.03.2023 as well as summoning/cognizance order dated 01.06.2023, passed by Special Judge, Gangster Act, Meerut in Case Crime No.329 of 2022, titled as State of U.P. Vs. Ankit and others, under Section 2/3 of Gangster Act, Police Station Mawana, District Meerut.

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Learned counsel for the applicants submits that on the basis of two cases against the applicant no.2 and one case against the applicant no.1, the provisions of Gangsters Act have been invoked against the applicants. The instant case was registered in the year 2017, whereas, the F.I.R. under Gangsters Act has been registered in the year 2022. Learned counsel for the applicants further submits that before approval of gang chart, no joint meeting was held between the District Magistrate and the S.S.P as mandated under Section 5(3)(a) of the Gangster Rules, 2021 and the competent authority has also not applied his mind before invoking the Gangsters Act. Learned counsel has relied upon the orders passed by co-ordinate Bench of this Court in the case of Abdul Lateef@Mustak Khan and others v. State of U.P. vide order dated

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26.07.2024 passed in Criminal Misc. Writ Petition No.9930 of 2024, and in the case of Mehar Prasad @ Guddu v. State of U.P. vide order dated 15.07.2019, passed in Application U/s No.12805 of 2024.

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Per contra, the learned A.G.A. submits that there are serious allegations against the applicants in the cases shown in gang chart, therefore, the aforesaid proceedings are not liable to be quashed.

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In the instant matter, the submissions raised by learned counsel for the applicants call for determination on questions of fact which may be adequately adjudicated upon only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record it can also not be held that the impugned criminal proceeding are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

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After hearing learned counsel for the applicants, having examined the gang chart, it transpires that there are serious allegations in cases shown in gang chart due to which provisions of Gangsters Act have been invoked against the applicants. Therefore, no case for quashing of aforesaid proceedings is made out.

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The instant applicant is devoid of merit and is accordingly dismissed .

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Order Date :- 3.9.2024 Imtiyaz

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Justice Vinod Diwakar

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Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad

Ramesh and Another v. State of U.P. and Another

Case brief

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Ramesh and Another v. State of U.P. and Another

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