KRIPA DEVI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Vishal Mohan Gupta, learned counsel for the applicant and Sri Pankaj Saxena, learned Additional Government Advocate-I appearing for the State-opposite parties.

(2.) The present application under Section 482 Cr.P.C. has been filed seeking to quash the order dated 08.07.2020 passed in Case No. 07 of 2020 (State vs. Amit Sharma) under Section 14 (1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, (the Act, 1986) by the Police Commissioner, Gautam Buddha Nagar, with all of its consequential effects and a further prayer to stay the proceedings of Case No. 7/2020 (State vs. Amit Sharma) under Section 14 (1) of the Act, 1986 by the Police Commissioner, Gautam Buddha Nagar.

(3.) Learned Additional Government Advocate-I at the very outset raises an objection with regard to the maintainability of the present application on the ground that the order of which quashment is sought has been passed under sub-section (1) of Section 14 of the Act which is in the nature of an administrative order and as such no proceedings under the Code of Criminal Procedure, 1973, (the Code) being pending, the jurisdiction of this Court under Section 482 Cr.P.C. cannot be invoked.