VINOD BIHARI LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application under Sec. 482 of the Code of Criminal Procedure, 1973 [for short, 'the Code'] has been preferred by Vinod Bihari Lal, Director (Administration), Sam Higginbottom University of Agriculture, Technology and Sciences, P.S. Naini, District Prayagraj, seeking to quash the proceedings of Special Sessions Trial No.54 of 2019, State vs. Vinod B. Lal and others (arising out of Crime No.0850 of 2018), under Sec. 2/3 of The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 [for short, 'the Act of 1986'], Police Station Naini, District Allahabad, pending in the Court of the Special Judge (Gangsters Act), Allahabad.

(2.) The First Information Report [for short, 'the FIR] giving rise to the crime, which after investigation, has culminated in the charge-sheet impugned, was lodged on 28/7/2018 at P.S. Naini, then District Allahabad, now Prayagraj by Pradeep Kumar Mishra, Station House Officer, P.S. Naini, District Prayagraj. On the basis of the impugned charge-sheet, Special Sessions Trial No.54 of 2019 was registered on the file of the Special Judge (Gangsters Act), Allahabad. The FIR says that the S.H.O. along with his companion constables and the driver returned to Station after taking care of the law and order in the area and doing investigation. During the course of time that he was looking after the area, he came to know that Vinod B. Lal son of Bihari Lal, resident of Agriculture Campus, Naini, Prayagraj and David Dutta son of A.B. Dutta, a resident of 86, Myorabad, P.S. Cantt., Prayagraj, are an organized gang, whereof Vinod B. Lal is the leader. This gang, comprising two men, is proficient in the commission of economic crimes through fraud and deceit, being offences of the kind, described in Chapters XVI, XVII and XXII of the Indian Penal Code, 1860 [for short, 'IPC] and by perpetration of such offences, the members of the gang gain personal, material and pecuniary benefit for themselves. This they do by tampering and forging documents. By commission of such offences, they accumulate wealth and because of their fear and terror amongst members of the public, no one comes forward to lodge a report against them or muster courage to testify in Court.

(3.) It is further on said in the FIR that for the act of the two accused in running a Christian Public School at Katju Road, Shahganj, without the permission of the Development Area, an FIR was lodged on 21/7/2017 by Diwakar Nath Tripathi, Vice Chairman, Bharatiya Janata Party, Kashi Kshetra, Allahabad. On the basis of the said FIR, Crime No.170 of 2017 was registered, under Ss. 406, 419, 420, 467, 468, 471, 120-B IPC, P.S. Shahganj. It was investigated and after collection of material, that came to fore a charge-sheet was filed in Court on 21/1/2018.