Ramkaran Verma vs the State of U.P. Thru. Prin. Secy… — Quashing and FIR | Allahabad HC (2025)

Ramkaran Verma vs the State of U.P. Thru. Prin. Secy… — Quashing and FIR | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim protection: no coercive action against the applicant in Crime No. 175 of 2023 till the next date of listing; three weeks granted to learned AGA for filing counter affidavit, rejoinder affidavit within a further period of two weeks, and the case to be listed immediately after expiry of that period. Final adjudication of the quashing prayer deferred.

Issue for consideration

Whether the gang chart for Crime No. 175 of 2023 was approved otherwise than by the joint meeting required under Rule 5(3) of the U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021, and whether consequently the FIR lodged in pursuance of the gang chart is liable to be set aside. +1 more

Ratio / Principle

As an interim measure, till the next date of listing, no coercive action shall be taken against the applicant in Crime No. 175 of 2023 under Sections 2/3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, P.S. Sangrampur, District Amethi.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Hon'ble Manish Kumar, J.), interim order dated 2.5.2025 in Application U/S 482 No. 3399 of 2025 (Ramkaran Verma v. The State of U.P. and Anr.). Applicant, filed under Section 482 Cr.P.C. (now Section 528 B.N.S.S.), prayed for quashing of the entire criminal prosecution of Crime No. 175 of 2023 under Sections 2/3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, P.S. Sangrampur, District Amethi, including the charge-sheet dated 11.06.2024 and cognizance/summoning order dated 27.06.2024 pending before A.S.J.-1/Special Judge, Gangsters Act, Sultanpur. Ground urged: the gang chart, resting on a sole case (Crime Case No. 103/2023, Sections 147/149/504/506/302/120-B IPC), was approved by the Superintendent of Police on 14.11.2023 and the District Magistrate on 18.11.2023 without the joint meeting mandated by Rule 5(3) of the U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021; reliance placed on Sanni Mishra @ Sanjayan Kumar Mishra (Criminal Misc. Writ Petition No. 16258 of 2023, decided 13.12.2023) and Abdul Lateef @ Mustak Khan (Division Bench, Criminal Misc. Writ Petition No. 9930 of 2024, decided 26.07.2024). Court directed: no coercive action against the applicant till the next date of listing; three weeks to learned AGA for counter affidavit, rejoinder within a further two weeks; case to be listed immediately thereafter.

Court No. - 14

Case :- APPLICATION U/S 482 No. - 3399 of 2025

Applicant :- Ramkaran Verma Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Atul Verma,Ali Moid Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Heard.

Present case has been filed under Section 482 Cr.P.C./528 B.N.S.S. with following main prayer:-

"i. To allow the petition of the petitioner U/S- 482 Cr.P.C. (now Section 528 B.N.S.S.) and quash the entire criminal prosecution of Crime No. 175 of 2023, U/S- 2/3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, P.S.-Sangrampur, District- Amethi as well as the impugned charge-sheet dated 11.06.2024 and the impugned cognizance/summoning order dated 27.06.2024 arising out thereof, pending in the Court of A.S.J.-1/Special Judge, Gangsters Act, Sultanpur (annexed as Annexure Nos. 1 & 2 respectively)."

Brief facts of the case are that an FIR dated 18.11.2023 has been lodged under Sections 2 & 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 by the respondent no. 2 (Shriram, SHO, P.S. Sangrampur, District Amethi) alleging therein that the named accused persons are the members of the organized gang and they committed crimes. Only one case i.e. Crime Case No. 103/2023, under Sections 147/149/504/506/302/120-B IPC, has been shown against the applicant in the gang chart, in pursuance of which, the FIR has been lodged.

Learned counsel for the applicant has submitted that the gang chart which has been prepared and signed by the competent persons is not in consonance with the principles related to gang chart, as provided under Chapter 3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021, particularly Rule 5(3), wherein it has been provided that the 'gang chart will not be approved summarily but after due discussion in a joint meeting of the Commissioner of Police/District Magistrate/Senior Superintendent of Police/Superintendent of Police', whereas the Superintendent of Police has approved the gang chart on 14.11.2023 and the District Magistrate has approved the gang chart on 18.11.2023 and

there is no whisper of any joint meeting of these two officers, hence, the FIR lodged in pursuance of the gang chart approved by the competent authority is liable to be set aside and in support of his submission, he has relied upon the judgment of this Court dated 13.12.2023 passed in the case of Sanni Mishra @ Sanjayan Kumar Mishra vs. State of U.P. and 2 Ors. in Criminal Misc. Writ Petition No. 16258 of 2023 and the judgment of the Division Bench of this Court dated 26.07.2024 passed in Bunch of Writ Petitions, the leading one is in the case of Abdul Lateef @ Mustak Khan vs. State of U.P. and 2 Ors. in Criminal Misc. Writ Petition No. 9930 of 2024.

Learned AGA prays for and is granted three weeks' time for filing counter affidvit.

Rejoinder affidavit, if any, may be filed within a further period of two weeks.

List this case immediately after the expiry of the aforesaid period.

Till the next date of listing, no coercive action shall be taken against the applicant in Crime No. 175 of 2023 under Sections 2/3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, P.S. Sangrampur, District Amethi.

Order Date :- 2.5.2025 Nitesh

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