JUNAID PAHALWAN Vs. STATE OF UP

JUDGEMENT

(1.) Heard Mr. Pradeep Chauhan for the Applicant and A.G.A. for the Respondent No. 1 and perused the record.

(2.) This is a petition for quashing the proceedings of Special S.T. No. 130/2010 State v. Junaid Pahalwan and Anr. under Section 3 (1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act (in short 'the Act) ', police station Bhognipur. district Kanpur Dehat, pending in the court of Special Judge. Gangster Act, Kanpur Dehat.

(3.) Mr. Pradeep Chauhan submitted that according to the gang chart, the Applicant has a criminal history of four case, out of which the case under Section 25, Arms Act does not fall in the category of cases specified under the Act. In case crime No. 323/2004 a final report has been submitted and in case crime No. 98/2005 the Applicant has been acquitted. Presently only one case against the Applicant is standing, which is case crime No. 136/2008 under Sections 302, 394. 504 and 506, I.P.C., police station Bhognipur. district Kanpur Dehat, in which too the Investigating Officer had submitted a final report and the Superintendent of Police illegally obtained an advice of the Senior Prosecuting Officer and directed filing of the charge-sheet against the Applicant, therefore, the charge-sheet filed on a legal advice is not maintainable and the case is liable to be struck off. In this connection, Mr. Chauhan placed reliance on R. Sarala v. T. S. Velu and Ors., 2000 2 AllCriR 997.