JITENDRA PASWAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri A.N. Mishra, learned counsel for the petitioner and Sri Paritosh Malviya, learned AGA-I for the State-respondents.

(2.) The present writ petition has been filed seeking quashing of the impugned First Information Report dtd. 13/4/2025, registered as Case Crime No.0244 of 2025, under Ss. 3(1), 2(b) (i), 2 (b) (xi), and 2 (b) (xxv) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 19861 at Police Station Chiluatal, District Gorakhpur, in respect of the petitioner. A further prayer has been made for issuance of a direction restraining the respondents from arresting the petitioner pursuant to the said FIR.

(3.) The brief facts as per prosecution case are that the fourth respondent has lodged the impugned FIR against the petitioner and six other persons with allegation that one Ram Pravesh Rajbhar is leader of gang and the petitioner is a member of the aforesaid gang. The members of the gang have formed an organized criminal gang and are actively operating at the district level. This gang, for their financial and worldly gain, on 16/5/2022, assaulted a person and looted 7 lakhs near DPS School, Maniram, resulting "Act, 1986" lakhsnear DPS School, Maniram, resulting in Case Crime No.230/2022 under Sec. 394 IPC being registered at the local police station. During the investigation, based on the arrest of the accused and supporting evidence, Sec. 394 IPC was replaced with Sec. 395 IPC, and charge sheets were submitted on 14/9/2022 and 31/3/2023. The FIR further discloses that due to criminal acts of the accused, a sense of fear prevails among the general public, and the society is being adversely affected. After due examination of the records and the crimes committed by the gang, all documents were prepared and sent to the Nodal Officer by the then Officer-in-Charge Sanjay Mishra. The Nodal Officer prepared the gang chart and forwarded it for further action and approval. The said gang chart was approved in a joint meeting of the Senior Superintendent of Police and the District Magistrate. In the offences listed in the gang chart the charge sheets have been filed which are pending consideration before the competent court. The free movement of this gang is not in the interest of society. It is extremely necessary to take action against the gang under the Act, 1986.