RAHMAT ALI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Santosh Kumar Yadav, Advocate alongwith Shri O.P. Tiwari, learned counsel for the applicants and learned AGA for the State and perused the material placed on record.

(2.) The present 482 Cr.P.C. application has been filed to quash the entire criminal proceeding arising out of Charge sheet No.204, dtd. 18/6/2023 submitted in FIR No.0038 of 2023, under Ss. 2/3 of The U.P. Gangsters and Anti-Social Activities (Prevention) Act as well as summoning order dtd. 13/7/2023 passed by Special Judge Gangster Act, Court No.16, Hardoi.

(3.) Learned counsel for the applicants has submitted that earlier the FIR has been lodged against the applicants and four other persons. In the FIR, it is alleged that a mob of 200 people assaulted the informant. He further submitted that it is a case of no injury. He further submitted that in the context of FIR, it is clearly mentioned that a mob of 200 people assaulted the informant but the FIR has been lodged only against five persons. He next submitted that based upon this, the present proceedings has been initiated by lodging FIR No.0038 of 2023, under Sec. 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as 'Act 1986'). He has further submitted that a person can be booked under the provisions of Gangsters Act by preparing the Gang Chart strictly in accordance with Rule 5 and Rule 16 of The U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021. As per Gang Chart annexed at Annexure-8 to the affidavit filed in support of the application, the recommendation by imposing a gang chart was made by Nodal Officer, Gangster Act vide order dtd. 19/1/2023, which was approved by Superintendent of Police, Hardoi vide order dtd. 25/1/2023 and final approval was granted by the District Magistrate vide order dtd. 27/1/2023. He next submitted that as per Sec. 5(3)(a) of the Act, 1986, before approval of gang chart, a joint meeting of concerned Commissioner of Police, District Magistrate and Superintendent of Police for due discussion is required and further as per Rule 16, satisfaction has to be recorded while granting approval of gang chart. He next submitted that so far in the present case, neither Rule 5(3)(a) nor Rule 16 of Rules, 2021 have been followed. The approval was granted by the District Magistrate without application of mind and without following Rule 5(3)(a) and Rule 16. He also submitted that he has taken necessary ground and has made specific averments in the affidavit filed in support of the application. There is no denial of the fact, therefore, the proceedings under Gangsters Act is bad in law and accordingly the same may be set aside.