Surendra Pratap Singh @ Surendra Yadav (as Per Fir) vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Surendra Pratap Singh @ Surendra Yadav (as Per Fir) vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay of further proceedings of Criminal Case No. 21/24 (Case Crime No. 175 of 2023) till the next date of listing; three weeks granted for counter affidavit, rejoinder (if any) within a further two weeks; case to be listed immediately after expiry of that period. Final decision on quashing deferred.

Issue for consideration

Whether the gang chart for Crime No. 175 of 2023 was lawfully approved under Chapter 3 / Rule 5(3) of the U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021 — which requires approval not summarily but after due discussion in a joint meeting of the Commissioner of Police/District Magistrate/Senior SSP/SP — given that, per counsel, the SP approved it on 14.11.2023 and the DM on 18.11.2023 without any joint meeting. +2 more

Ratio / Principle

Interim order only: till the next date of listing, further proceedings of Criminal Case No. 21/24 arising out of Case Crime No. 175 of 2023 (Sections 2/3(1), U.P. Gangsters Act, P.S. Sangrampur, District Amethi) shall remain stayed. Learned AGA could not dispute counsel's contention at this stage; counter affidavit within three weeks, rejoinder within a further two weeks, and the case is to be listed immediately thereafter. No final view was expressed on the prayer to quash the FIR, charge-sheet or cognizance/summoning order.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Hon'ble Rajnish Kumar, J.), order dated 23.5.2025 in Application U/S 482 No. 4077 of 2025 (filed under Section 482 Cr.P.C., now Section 528 B.N.S.S.). Applicant Surendra Pratap Singh @ Surendra Yadav sought 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), the charge-sheet dated 11.06.2024 and the cognizance/summoning order dated 27.06.2024 pending before A.S.J.-1/Special Judge (Gangsters Act), Sultanpur. Ground of objection: the gang chart rests on only two prior cases (Crime Case Nos. 103/2023 and 470/2020) and was approved severally — SP on 14.11.2023 and DM on 18.11.2023 — contrary to Rule 5(3) of the U.P. Gangsters (Prevention) Rules, 2021, which requires approval after due discussion in a joint meeting, with no whisper of such a joint meeting; counsel relied on Sanni Mishra (13.12.2023), Abdul Lateef (Division Bench, 26.07.2024) and Gorakh Nath Mishra (Supreme Court, 14.05.2025). Learned AGA could not dispute the contention at this stage. INTERIM RELIEF ONLY: further proceedings of Criminal Case No. 21/24 stayed till next date; counter affidavit three weeks, rejoinder two weeks thereafter. No final holding on the merits.

Court No. - 11

Case :- APPLICATION U/S 482 No. - 4077 of 2025

Applicant :- Surendra Pratap Singh @ Surendra Yadav (As Per Fir)

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

Hon'ble Rajnish 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 two cases i.e. Crime Case No. 103/2023, under Sections 147/149/504/506/302/120-B IPC and Crime Case No. 470/2020, under Sections 323/504/506 IPC, have 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 and judgment & order dated 14.05.2025 passed in Criminal Appeal No.2589 of 2025; Gorakh Nath Mishra versus The State of Uttar Pradesh and others by the Hon'ble Supreme Court.

He further submits that an interim order has been passed in the case of co-accused Ramkaran Verma in an Application U/S 482 No.3399 of 2025. He also submits that since the applicant is challenging the basis of preparation of the Gangchart itself which has not been prepared in accordance with law and the rules, therefore the further proceedings before the court below may be stayed.

Learned AGA could not dispute the aforesaid contentious at this stage. He 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, further proceedings of Criminal Case No.21/24 arising out of Case 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 shall remain stayed.

Order Date :- 23.5.2025 KR

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