UDHAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE two peti ­tioners Udham Singh and Ranjeet Yadav have approached us through the instant writ petition with the prayer to issue a writ of certiorari quashing the FIR dated 28.2.2008 of Crime No. 297/2008, under section 2/3 of U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986 (Annexure 1), to the writ petition. The an ­cillary prayer is for the mandamus restrain ­ing the respondents authorities from arrest ­ing the petitioners in connection with the above FIR. Before adverting to the conten ­tions raised by the learned Counsel for the petitioners, a short narration of the allega ­tions levelled against them are sketched below: - The State through SHO R.P. Sharma, Incharge Inspector, Police Station, Nawabad, district Jnansi, lodged FIR of Crime No. 297/2008, under section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, hereinafter referred to as the Act on 28.2.2008 at about 10 p.m. at P.S. Nawabad, district Jhansi in respect of the incidents occurred at different dates and times. The petitioners before us are the malefactors in the aforesaid FIR along with their accomplices. According to the allega ­tions levelled in the FIR, the informant re ­ceived informations from the various per ­sons of his jurisdiction that Raghunath alias Batoli Yadav s/o Gajraj Yadav, r/o Mustra, P.S. Nawabad, district Jhansi has got a known gang of which he is the leader. The two petitioners Ranjeet and Udham Singh along with Bahadur Yadav are the mem ­bers of his gang, which indulge in com ­mission of penal offences under Chapter XVI, XVII and XXXII of IPC for economical, physical and other benefits singularly or in conjunction with other groups. Because of the activities of the aforesaid gang, general public is not ready to give evidence in Court nor can muster the courage to lodge the FIR against them. With the aforesaid allegations the informant was of the opin ­ion that it is essential to proceed against the said gang under the Act and therefore, he lodged the FIR under section 2/3 of the Act after getting the gang chart approved by the District Magistrate, Jhansi. Gang chart indicates that above gang leader is in ­volved in four cases of very serious nature. Crime No. 990/90 is under section 147,148, 149, 307 IPC, Crime No. 1223/07 is under section 147, 148, 149, 307, 302 IPC, Crime No. 02/06 is under section 395, 397, 427 323, 504 and 506 IPC and NCR No. 11 of 2008 is under section 506 IPC. Out of the aforesaid crimes the two petitioners are involved in murder offence vide Crime No. 1223/07. Gang chart further reveals that it has been approved by the Circle Office, S.P. (City) as well as District Magistrate Jhansi vide his noting dated 28.2.2008. It is this FIR, which is now being prayed to be quashed through the present writ petition.

(2.) ON such facts, we have heard Sri V.C. Mishra, learned Senior Counsel as ­sisted by Sri Vivek Mishra in support of this writ petition and learned AGA in op ­position.

(3.) LEARNED AGA on the other hand contended that for making out the offence under the Act the registration of the FIR is not essential. He further contended that only FIR has been registered and the inves ­tigation is yet to take place and since the FIR discloses commission of cognizable offence of serious nature and the gang chart has been sanctioned by the various district authorities after being satisfied that there is an existence of gang as is men ­tioned in the FIR, therefore, the impugned FIR cannot be quashed and the investiga ­tion must take place. He concludingly urged that the writ petition is bereft of any merit and deserves to be dismissed.