Dismissed

Rohit Kumar and Another v. State of Up and Another

Allahabad HC25 Jul 2024A482/9831/2024

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Applicants sought quashing of gangsters proceedings invoked on allegations of erecting unauthorized towers. Court found trial court should adjudicate factual questions and gang-chart satisfied Gangsters Act requirements; application dismissed.

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Rohit Kumar and Another Vs State of Up and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:120705

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 9831 of 2024

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Applicant :- Rohit Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State-respondent and perused material on record.

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The instant application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Case No. 20 of 2021, titled as State v. Rohit Kumar & Anr., arising out of Case Crime No. 954 of 2019, under Section 2/9 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Bisrakh, District Gautam Budh Nagar, pending in the Court of learned Additional District Judge, Court No.6, Gautam Budh Nagar.

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Learned counsel for the applicants submits that on the basis of sole case, the police have invoked the provisions of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 with the allegation that without taking proper permission of Municipal Corporation, the applicants have erected two towers causing loss to the State exchequer and in this way the applicants are working as a gang.

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Per contra , learned A.G.A. submitted that from the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. The applicants are gang leader.

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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. Similarly no such illegality, perversity or any other substantial error could be pointed out in the impugned summoning order, so as to warrant any interference by this court in exercise of powers u/s 482 Cr.P.C.

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Perusal of gang-chart, one case, i.e. Case Crime No. 853 of 2019, under Sections 188, 288, 420, 467, 468, 471 IPC and Section CLA Act has been shown against the applicants. The contents of the case, shown against the applicants, satisfies the requirement of Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, therefore, no case for quashing of impugned proceedings is made out.

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The application u/s 482 Cr.P.C. is devoid of merit and it is accordingly dismissed .

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Order Date :- 26.7.2024 A. Tripathi

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Justice Vinod Diwakar

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Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad

Rohit Kumar and Another v. State of Up and Another

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Rohit Kumar and Another v. State of Up and Another

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