Disposed

Munnilal v. State of U.P. Thru. Addl. Secy. Home Lko. and Others

Allahabad HC3 May 2024CRLP/3118/2024

Case brief

AI extract

What is this about?

The High Court stayed the arrest of the petitioner pending the submission of the police report under Section 173(2) Cr.P.C., noting alleged anomalies in the gang chart and the recommendation process under the U.P. Gangsters Act.

What did the court decide?

Stay of arrest pending submission of police report under Section 173(2) Cr.P.C., subject to cooperation with investigation.

Munnilal vs State of U.P. Thru. Addl. Secy. Home Lko. and… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3118 of 2024 Petitioner :- Munnilal Respondent :- State Of U.P. Thru. Addl. Secy. Home Lko. And Others Counsel for Petitioner :- Ram Mohan Mishra,Aseem Goswami Counsel for Respondent :- G.A.

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Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J.

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Heard learned counsel for the petitioner and learned A.G.A. for the State.

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By means of this writ petition, the petitioner has assailed F.I.R. No. 079 of 2024 registered under Section 3(1) of the U.P. Gangsters and Anti-social Activities(Prevention) Act, 1986 lodged at police station Jahangeerganj, district Ambedkar Nagar.

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As per Rule 5 of the U.P. Gangsters and Anti-social Activities(Prevention) Rules, 2021, it is the concerned Incharge of the police station/Station House Officer/Inspector who is empowered to prepare a gang-chart mentioning the details of the criminal activities of the gang. The gangchart so prepared before it being forwarded to the district head of the police is to be recommended clearly by the Additional Superintendent of Police mentioning the detail activities in relation to all the persons of the said gang.

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It is on the basis of this clear recommendation by the Additional Superintendent of Police that the matter comes up for consideration before the District Magistrate and the district head of the police who approve the imposition of the Gangster Act after due discussion in a joint meeting.

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In the present case, learned counsel for the petitioner

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has argued that there is a false information firstly in the police report prepared by the concerned police station and secondly the same is undated.

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It is secondly argued that the recommendation by the Additional Superintendent of Police makes a cursory recommendation on 18.3.2024 without application of mind and without dealing with the specific activities on the basis of which the recommendation for imposition of the Gangsters Act is made.

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These two glaring anomalies have been pointed out from annexure no. 2 termed to be the gang chart.

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Learned A.G.A. prays for and is granted three weeks' time to explain the position.

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List thereafter.

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Till the next date of listing or till submission of police report under Section 173(2) Cr.P.C., if any, before the competent court, whichever is earlier, the arrest of the petitioner in pursuance of the impugned F.I.R. shall remain stayed subject to the condition that the petitioner shall fully co-operate with the investigation and shall appear as and when called upon to participate in the investigation.

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[Ajai Kumar Srivastava-I,J.] [Attau Rahman Masoodi, J.]

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Order Date :- 3.5.2024 kanhaiya

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Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Munnilal v. State of U.P. Thru. Addl. Secy. Home Lko. and Others

Case brief

What is this about?

What did the court decide?

Munnilal v. State of U.P. Thru. Addl. Secy. Home Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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