Ankit Sharma @ Ankit Kumar vs State Of U. P. Thru Prin Secy Home Deptt Civil Sectt Lko

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 1271

IN THE HIGH COURT OF ALLAHABAD
VIVEK KUMAR SINGH, RAJESH SINGH CHAUHAN, JJ.
Ankit Sharma @ Ankit Kumar – Appellant
Versus
State Of U.P. Thru Prin Secy Home Deptt Civil Sectt Lko And 3 Others – Respondent
Criminal Misc. Writ Petition No.8164 of 2022
Decided on : 09-11-2022

Advocates:
Advocate Appeared:
For the Appellant : Adarsh Kumar Maurya, Ajay Kumar Shukla, Kanhaiya
Yadav, Nida Navi, Rajendra Kumar Dwivedi, Ram Chandra Sharma

Headnote:
Indian Penal Code, 1860 – Section 41, 411, 413, 419, 420 – U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 – Section 2 – Special Law – Dishonestly receiving stolen property – Offence of cheating by personation – Learned counsel petitioner has filed an application praying for consideration of prayer of petitioner for quashing of F.I.R. bearing Police Station application is supported with an affidavit same is taken on record – Held, Court considered gang chart copy of which is annexed writ petition was prepared on wrong information with respect to filing of charge sheets case crime numbers mentioned – F.I.R. on gang chart as such was lodged on basis of wrong information furnished in the gang chart – Learned A.G.A. that now charge-sheet has been filed in case crime number in question against present petitioner – Court giving liberty to competent authority to take a fresh decision in this regard needful – Writ petition is allowed.

JUDGMENT :

1. Heard Sri Rajendra Kumar Dwivedi, learned counsel for the petitioner and Sri Badrul Hasan, learned A.G.A. for the State.

2. Learned counsel for the petitioner has filed an application praying for consideration of prayer of petitioner for quashing of the F.I.R. bearing Case Crime No.451 of 2022, under Section 2(b)(i) and 3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (for short 'Gangsters Act'), Police Station-Pasgawan, District-Lakhimpur Kheri. The application is supported with an affidavit and the same is taken on record.

3. By means of the present writ petition, petitioner has sought quashing of the F.I.R. bearing Case Crime No.451 of 2022, under Section 2(b)(i) and 3 of Gangsters Act, Police Station- Pasgawan, District- Lakhimpur Kheri.

4. On 04.11.2022, this Court passed the following order:-

"Heard Sri Rajendra Kumar Dwivedi, learned counsel for the petitioner, who has filed vakalatnama, the same is taken on record and Sri Badruddin Hasan, learned A.G.A. has appeared on behalf of State.

Sri Dwivedi, learned counsel for the petitioner has preferred Rule 5(c) of The Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021 to submit that without filing the charge-sheet in the particular case crime the gangster act may not be imposed. In the present case, without there being filed any charge-sheet, the gangster act has been imposed against the petitioner. He has also placed reliance of the judgment and order dated 9.12.2020 passed by this Court, wherein the similar controversy has been considered and the said writ petition was allowed on the basis of the same submissions so raised by Sri Dwivedi in the present case. Learned A.G.A. has drawn attention of this Court towards annexure no.2, which is gang-chart, wherein it has been indicated that the charge-sheet no.345/2022 dated 9.9.2022 has been filed before the learned court below. He has also submitted that in the first information report, the same fact has been indicated. However, Sri Dwivedi has again submitted that no such charge-sheet has yet been filed before the learned court below, may be the same has been prepared.

Put up this case as fresh on 9.11.2022 to enable the learned A.G.A. to seek specific instructions as to whether the charge-sheet has been filed in Case Crime No.123 of 2021, under Sections 41/411, 419, 420 I.P.C., P.S. Pargana Kheri.

When the case is listed next, the name of Sri Rajendra Kumar Dwivedi and Ms. Nida Nabi be shown as counsel for the petitioner."

5. At the very outset, learned counsel for the petitioner has drawn attention of this Court towards annexure no.5 of the affidavit filed today which is a certified copy of the questionnaire dated 04.11.2022 issued by the learned court below wherein it has been categorically mentioned that by 04.11.2022 no chargesheet has been filed in Case Crime No.123 of 2021, under Section 41, 411, 413, 419, 420 I.P.C. Police Station-Pasgawan, District-Kheri. Therefore, it is clear that till filing of the gangchart (annexure no.2 to the writ petition), no charge-sheet was filed against the petitioner in Case Crime No.123 of 2021.

However, in the gang-chart, the impression has been given as if the charge-sheet has been filed on 21.08.2021. Therefore, for seeking specific instructions, the matter was fixed for today.

6. Learned A.G.A. has filed instruction today and the same is taken on record.

7. Learned A.G.A. on the basis of instructions has stated that the charge-sheet has been filed on 05.11.2022 before the learned court below.

8. On being confronted the learned A.G.A. about the aforesaid situation, he has fairly stated that in the gang-chart it should have been categorically indicated that however, charge-sheet has been prepared but the same has not been filed.

9. On being further confronted that the date of charge-sheet has been indicated as 21.08.2021, however, no such charge-sheet has been filed on or before 04.11.2022, on that learned A.G.A. has submitted that aforesa