In an application under Section 482 Cr.P.C. seeking quashing of summons and proceedings under the U.P. Gangster Act, the court held that factual disputes require trial court adjudication and observed no perversity to warrant interference before dismissing the application.
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Neutral Citation No. - 2024:AHC:198808
Court No. - 78
Case :- APPLICATION U/S 482 No. - 31860 of 2024
Applicant :- Manoj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vinod Diwakar,J.
officers must be recorded in the Gang Chart by applying their minds and take composite view on the material placed before them, that has not been done by them before invoking the proceedings under Gangster Act, (v) the charge sheet has been filed in contravention of Rule 16 and 17 of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021. To substantiate his argument, learned counsel has relied upon the judgment dated 04.03.2024, passed by the Division Bench of this Court in Criminal Misc. Writ Petition No.1049 of 2024, titled Dharmendra @ Bheema & Another v. State of U.P. & Ors., order dated 02.12.2023 passed in Criminal Misc. Writ Petition No. 18729 of 2023, titled Asim @ Hassim Vs. State of U.P. and others, order dated 26.07.2024, passed in Criminal Misc. Writ Petition No. 9930 of 2024, titled Abdul Lateef @ Mustak Khan and others v. State of U.P. and others, and order dated 13.12.2023 passed in Criminal Misc. Writ Petition No.16258 of 2023, titled Sanni Mishra @ Sanjayan Kumar Mishra v. State of U.P. & Ors.
Section 3(1) and Section 2(B)(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, therefore, no case for quashing of impugned proceedings is made out.
Order Date :- 6.11.2024 Prajapati
Justice Vinod Diwakar
Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court can quash proceedings under the U.P. Gangster Act on allegations of mala fide when questions are of fact.
Whether the impugned summoning order suffers from perversity or substantial error warranting interference under Section 482 Cr.P.C.
1 provisions across 1 enactments
Manoj Kumar
Vinod Diwakar
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
