Back
2022 Supreme(All) 854
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD BENCH AT LUCKNOW
KARUNESH SINGH PAWAR, J.
Pradeep Kumar Mishra - Applicant
Versus
State of U.P. and Another - Opposite Parties
Application U/s 482 No. 2897 of 2020
Decided On : 23-05-2022
For the Applicant : Ramakar Shukla.
For the Opposite Party : G.A.
The central legal point established in the judgment is the requirement for subjective satisfaction of the District Magistrate before approving the gang chart, the necessity for charge sheets to be filed before including cases in the gang chart, and the importance of establishing the accused's motive for wrongful economic gain in order to classify them as gangsters.
Headnote:
Gangster & Anti Social Activities - Quashing of Proceedings - U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Section 3(1) - Summary of Acts and Sections: The court discussed the provisions of Section 3(1) of the U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, and emphasized the need for subjective satisfaction of the District Magistrate before approving the gang chart. It also highlighted the requirement for charge sheets to be filed before including cases in the gang chart, and the importance of establishing the accused's motive for wrongful economic gain in order to classify them as gangsters.
Fact of the Case:
The petitioner filed a petition under Section 482 CrPC to quash the proceedings of Sessions Trial No.6 of 2018 State Versus Sonu alias Santosh and others under section 3(1) of U.P. Gangster & Anti Social Activities (Prevention) Act, 1986. The petitioner argued that the gang chart was prepared hastily and without proper examination of the material, and that the charge sheet was not filed before the court at the time of preparation of the gang chart.
Finding of the Court:
The court found that the preparation of the gang chart and the imposition of U.P. Gangster & Anti Social Activities (Prevention) Act, 1986 against the petitioner were done in haste and without proper application of mind. It also noted that there was no evidence to show that the accused committed the crime for wrongful economic gain, as required by the Act.
Issues: The issues revolved around the hasty preparation of the gang chart, inclusion of cases without charge sheets being filed, and the lack of evidence for wrongful economic gain in the accused's actions.
Ratio Decidendi: The court's decision was based on the requirement for subjective satisfaction of the District Magistrate before approving the gang chart, the necessity for charge sheets to be filed before including cases in the gang chart, and the importance of establishing the accused's motive for wrongful economic gain.
Final Decision: The court allowed the petition and quashed the proceedings of Sessions Trial No.6 of 2018 State Versus Sonu alias Santosh and others under section 3(1) of U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, as well as the charge sheet and summoning order. It stated that the competent authority could proceed against the petitioner as per law.
JUDGMENT :
1. The petition has been filed under Section 482 CrPC for quashing proceeding of Sessions Trial No.6 of 2018 State Versus Sonu alias Santosh and others vide case crime No.279 of 2017 under section 3(1) of U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, P.S. Kotwali Nagar, district Sultanpur as regards the petitioner as well as the charge sheet dated 25.5.2018 and summoning order dated 28.5.2018.
2. Heard learned counsel for the petitioner and learned A.G.A. for the State.
3. Learned counsel for the petitioner is permitted to delete respondent No.2 from the array of parties, during course of the day.
4. Facts of the case are that a first information report was registered against the petitioner. As per the first information report, while the complainant was on patrolling duty on 27.5.2017, during patrolling, he came to know that Sonu Singh alias Santosh Singh resident of district Jaunpur is a desperate criminal and is having an organised gang. He is a gang leader and he along with Ajeet Yadav, Deepak Mishra, Sandeep Mishra, Praeep Mishra, Raghunayak Dubey, Anil Pandey alias Santu and Ezajullah are active members of gang.
It has also been alleged that the gang has created a terror in districts Sultanpur, Jaunpur, Ghazipur and other districts and to earn economic and physical benefits, they are habitual for committing offences given under Chapters XVI, XVII and XXII of the Indian Penal Code. It is further alleged that the gang leader Sonu Singh alias Santosh Singh and Ajeet Yadav used to commit contract killing and on 8.2.2017 with active support of other members of the gang, they have committed murder of prestigious businessman Bharat Bhushan Mishra. To curve the increasing anti social activities of the gang, gang chart has been approved by the District Magistrate, Sultanpur on 26.5.2017.
5. Learned counsel for the petitioner submits that merely on the basis of two cases, i.e. Case Crime No.63 of 2017 under sections 302, 34, 120-B I.P.C., P.S. Kotwali Nagar, district Sultanpur and Case Crime No.153 of 2017 under sections 504, 506 I.P.C., P.S. Kotwali Nagar, district Sultanpur, U.P. Gangster & Anti Social Activities (Prevention) Act, 1986 has been imposed against the petitioner.
It is next submitted that in case Crime No.63 of 2017 (supra), the petitioner has been granted bail vide order dated 25.5.2017 and before the petitioner could be released from jail in compliance of the order, in order to nullify the bail order granted in favour of the petitioner, with ulterior motive, the police of police station Kotwali Nagar, district Sultanpur has falsely prepared the gang chart on 26.5.2017 which is one day after the bail order was passed, in a mechanical manner in utter haste and without examining the material on record by the authorities.
It is submitted that preparing of the gang chart in a mechanical manner and in haste and the manner in which it has been approved is evident from the fact that the Station Officer of police station Kotwali, district Sultapur has forwarded the gang chart on 26.5.2017. The Circle Officer received the gang chart on the same day and he also signed it on 26.5.2017 which was forwarded to the Addl. Superintendent of Police, Superintendent of Police and District Magistrate, Sultanpur. All the authorities have signed the gang chart on the same day, including the District Magistrate, Sultanpur who approved it on the very same day, i.e. on 26.5.2017. It is submitted that the entire exercise has been done in haste and without application of mind.
In this context, learned counsel has relied on Ram Raheesh and another Versus State of U.P. and others (2011) 73 ACC 559 in which this court has deprecated the practice of recommending and forwarding the gang chart and approving it on the same day and held that before granting approval to the gang chart, subjective satisfaction of the District Magistrate is required. Relevant paragraph 12 is extracted below :
"12. Having considered the submissions made
