Brij Kishor Yadav vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Brij Kishor Yadav vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the charge sheet no. 54 of 2022 dated 29.10.2022, the summoning order dated 14.09.2023 and the entire proceedings of Criminal Case No.122 of 2023 arising out of Case Crime No.30 of 2022 under Section 3(1) of the U.P. Gangsters Act ought to be quashed. +2 more

Court's answer

The applicant is involved in four cases right from 2018, of different nature, registered at Police Stations Chakar Nagar and Bakewar, and the ingredients of Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 are entirely made out against the applicant.

Ratio / Principle

On perusal of the endorsement made by the approving authority, it is prima facie observed that the approving authority applied its mind before forwarding the Gang Chart for registration of the FIR under the Gangsters Act.

Key takeaways

It is prima facie observed that the Gang Chart was signed by the Senior Superintendent of Police and the District Magistrate on 13.05.2022; hence there is no reason to conclude that no joint meeting was held and no independent mind was applied while approving the Gang Chart.ratio¶7
No supporting documents have been annexed for the allegation of political vendetta, and adverse inference cannot be drawn against the prosecution merely based on oral argument.ratio¶8
The instant application is devoid of merit and is accordingly dismissed.

Detailed headnote1 paragraphs

Allahabad High Court (Justice Vinod Diwakar), order dated 10.1.2025, Neutral Citation 2025:AHC:5881: Application U/S 482 No. 24925 of 2024 by Brij Kishor Yadav seeking quashing of charge sheet no. 54 of 2022 dated 29.10.2022, the summoning order dated 14.09.2023 and the entire proceedings of Criminal Case No.122 of 2023 (State v. Brij Kishor & Ors.) arising out of Case Crime No.30 of 2022 under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 (Police Station Chaknagar, District Etawah), pending before the Special Judge Gangster Act/8th Additional District Judge, Etawah, was dismissed. The Court found the applicant involved in four cases from 2018 onwards of different nature at Police Stations Chakar Nagar and Bakewar, with the ingredients of Section 3(1) 'entirely made out'; prima facie observed from the endorsement that the Gang Chart, signed by the Senior Superintendent of Police and the District Magistrate on 13.05.2022, showed application of independent mind with no reason to conclude no joint meeting was held; and held that the allegation of political vendetta, being unsupported by documents, could not sustain an adverse inference against the prosecution on oral argument alone.

Neutral Citation No. - 2025:AHC:5881

Court No. - 76

Case :- APPLICATION U/S 482 No. - 24925 of 2024

Applicant :- Brij Kishor Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pankaj Kumar Mishra,Satyendra Narayan Singh Counsel for Opposite Party :- G.A.

Hon'ble Vinod Diwakar,J.

Heard learned counsel for the applicant, learned AGA for the State-opposite party and perused the record.

The instant application has been preferred with the prayer to quash the charge sheet no. 54 of 2022 dated 29.10.2022 and summoning order dated 14.09.2023, as well as entire proceedings of Criminal Case No.122 of 2023, titled State v. Brij Kishor & Ors., arising out of Case Crime No.30 of 2022, under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Chaknagar, District Etawah, pending in the Court of Special Judge Gangster Act/8th Additional District Judge, Etawah

Learned counsel for the applicant states that the police have falsely implicated the applicant in the Gangsters Act. The applicant is a social and political worker; therefore, at the behest of some Government Official, the police implicated the applicant falsely. The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021 have not been followed while approving the Gang Chart. The approving authority had also not applied its independent mind. The documents annexed with the Gang Chart have not been perused thoroughly. The Gang Chart has been

forwarded mechanically. Therefore, the proceedings of the Gangsters Act are vitiated under law.

Per contra , learned AGA has opposed the application and submits that there are serious allegations against the applicant in the cases shown in the gang chart. The applicant is involved in as many as four cases, which are as follows:

(i) . Case Crime No. 22 of 2022, under Sections 332, 353, 379, 411 IPC, Section 7 Criminal Law Amendment Act and Section 21 of the Mining Act, 1957, Police Station Chakar Nagar, District Etawah;

(ii) . Case Crime No. 67 of 2021, under Section 147, 147, 323, 342, 427 IPC, Police Station Chakar Nagar, District Etawah;

(iii) . Case crime No. 571 of 2018, under Sections 147, 332, 353, 307, 506 IPC and 7 Criminal Law Amendment Act; Police Station Bakewar, District Etawah and

(iv) . Case Crime No. 59 of 2019, under Section 3 Prevention of Damage to Public Property Act, 1984, Police Station Chakar Nagar, District Etawah.

Learned AGA further submits that the Gang Chart was signed on 13.05.2022. After perusing the endorsement made by the approving authority, it's prima facie observed that the approving authority have applied its mind before forwarding the Gang Chart for registration of the FIR under the Gangsters Act.

After hearing learned counsel for the applicant, learned AGA for the State-opposite party and having perused the material placed on record, it's the Case of the prosecution that the applicant is

involved in four cases right from the year 2018, and there are different nature of cases registered at Police Stations Chakar Nagar and Bakewar, respectively and the ingredients of Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 are entirely made out against the applicant.

As far as the joint meeting and other ingredients of the Gangsters Act are concerned, it's prima facie observed that the Gang Chart was signed by the Senior Superintendent of Police and the District Magistrate on 13.05.2022. Hence, there is no reason to conclude that no joint meeting was held and no independent mind was applied while approving the Gang Chart.

So far as the allegation of political vendetta is concerned, no supporting documents have been annexed, and adverse inference cannot be drawn against the prosecution merely based on oral argument.

In view of the aforesaid, the instant application is devoid of merit and is accordingly dismissed .

Order Date :- 10.1.2025 Prajapati

Justice Vinod Diwakar

Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad