SUKARMPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Arjun Singh Yadav, Advocate holding brief of Sri Babu Lal Ram, learned counsel for the petitioner and Sri Ratan Singh, learned AGA for the State.

(2.) The present writ petition has been preferred for quashing the FIR dtd. 29/2/2024 registered as Case Crime No.28 of 2024, under Sec. 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Alinagar, District- Chandauli and for a direction to respondents-State not to take coercive action against the petitioner pursuant to aforesaid FIR.

(3.) Contention of learned counsel for the petitioner is that from perusal of the gang chart of the impugned FIR, it is clear that the charge sheet in the base case was filed on 20/12/2020 and after that, no case was registered against the petitioner and after more than three years impugned FIR was lodged on 29/2/2024 by approving the gang chart on 14/2/2024 which is in violation of proviso of Rule 4(2) of U.P. Gangster and Anti-Social Activities (Prevention) Rules, 2021 (hereinafter referred to as the 'Gangster Rules'). It is further submitted by learned counsel for the petitioner that the impugned FIR was registered under Sec. 3(1) of the Gangster Act without mentioning the corresponding provision of Sec. 2(b) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 (in short the 'Gangster Act') on the basis of which he was named a gangster, which is against the law laid down by this Court in the case of Asim @ Hassim vs State of U.P. and another; 2024 (1) ADJ 125 DB.