USMAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Meraj Ahmad Khan, learned counsel for the petitioners as well as Sri G.P. Singh, learned A.G.A. for the State respondents.

(2.) The present writ petition has been preferred with the prayer to quash the impugned First Information Report dtd. 14/9/2022 registered as Case Crime No. 442 of 2022, under Ss. 147, 341, 352, 332, 504, 353, 384, 395 IPC and Sec. 21 (4) of Mines and Minerals Act and Sec. 3 Prevention of Damage to Public Property Act and Sec. 3 (1) of UP Gangster and Anti Social Activities (Prevention Act), 1986, PS Thakurdwara, District Moradabad, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

(3.) Learned counsel for the petitioners by referring to Rule 5 (3)(c), Rule 8 and Rule 10 of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021 (hereinafter referred to as the 'Rules, 2021), submitted that gang-chart shall not be approved without completion of the investigation of the base case. In the present case, it is submitted that investigation in the base FIR is going on and during currency of investigation, provisions of Gangster Act have been imposed. Submission is that this could not have been done and is impermissible in law in view of the Rule 5(3)(c), Rule 8 and Rule 10 of the Rules, 2021 framed under the provisions of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as the 'Act, 1986'). Apart from highlighting the aforesaid provisions, it is submitted that Rule 8 prohibits stating unconfirmed and false information and Rule 10 provides that along with gang chart, the certified copy of the charge-sheet and recovery memo shall be attached compulsorily, which is not so in the present case as investigation in the base case is pending. He has placed reliance on a judgement of this Court rendered in the case of Ankit Sharma @ Ankit Kumar v. State of UP and 3 others, 2023 (1) All. Crl. Ruling 36.