SANNI MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Manoj Kumar, learned counsel for the petitioner and learned AGA for the State.

(2.) The instant writ petition seeks quashing of the FIR dtd. 3/10/2023 giving rise to Case Crime No.366 of 2023, under Sec. -3(1) of the Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as the 'Gangster Act, 1986'), Police Station-Rajghat, District-Gorakhpur.

(3.) The contention of learned counsel for the petitioner is that the impugned FIR is itself illegal because while preparing the gang-chart, the date of filing the charge-sheet in the base case was not mentioned which is in violation of Rule 8(3) of the U.P. Gangster and Anti Social Activities (Prevention) Rules, 2021 (hereinafter referred to as the 'Gangster Rules, 2021') and second submission of learned counsel for the petitioner is that while recommending and approving the gang-chart, competent authorities have failed to apply independent mind because from perusal of gang-chart, it is clear that it was forwarded and approved on printed proforma which is against the Rules 16 and 17 of the Gangster Rules, 2021.