Raju Pathak vs State Of U. P. - 2023 Supreme(All) 1069

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1069

IN THE HIGH COURT OF ALLAHABAD
VIVEK KUMAR BIRLA, SURENDRA SINGH-I, JJ.
Raju Pathak – Appellant
Versus
State Of U.P. And Others – Respondents
Criminal Misc. Writ Petition No. 7741 of 2023
Decided on : 31-07-2023

Advocates:
Advocate Appeared:
For the Appellant : Shamasul Eslam

Headnote:
Constitution of India, 1950 – Article 226 – Indian Penal Code, 1860 – Sections 380, 379, 411, 414/34, 457 – U.P. Gangsters & Anti-Social Activities (Prevention) Rules, 2021 – Rule 27, 22 – U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986 – Section 3(1) – Quashing first information report – Writ petition – Offence for theft – Dishonestly receiving stolen property – Assisting in concealment of stolen property – Held, It does not consists of page relating to approval thereof by District Magistrate – Thus, petitioner has withheld necessary information required for ascertaining satisfaction of District Magistrate in granting approval – Thus, petitioner has not come to Court with clean hands – Considering law propounded by this Court (supra), there is no substance in plea advanced by learned counsel for petitioner that there is no material to show subjective satisfaction of D.M. in approving imposition of U.P. Gangsters Act against petitioner and that District Magistrate has not applied his mind on material produced before sanctioning registration of case under U.P. Gangsters Act against petitioner – Writ petition dismissed.

JUDGMENT :

Surendra Singh-I, J.

Learned counsel for the petitioner has filed a copy of order dated 13.04.2023 passed by a coordinate Bench of this Court in Criminal Misc. Writ Petition No. 4451 of 2023, Vishal (minor) Vs. State of U.P. and 3 Others, in the Court which is taken on record.

2. Heard Sri Shamasul Eslam, learned counsel for the petitioner and Sri Ratan Singh, learned A.G.A. appearing for the State-respondents.

3. The present writ petition has been filed under Article 226 of the Constitution of India with the prayer to quash the impugned first information report dated 24.11.2022 registered as Case Crime No. 203 of 2022 under Section 3(1) of U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986 (hereinafter mentioned as ‘U.P. Gangsters Act’), Police Station-Haldi, District- Ballia.

4. It is submitted by learned counsel for the petitioner that the first information report has been lodged against the petitioner, Raju Pathak and two other persons, namely, Aakash Giri and Yogesh Tiwari alias Rahul Tiwari, alleging therein that co-accused, Aakash Giri runs a gang and the petitioner is the member of the said gang and they committed offence against the society. Certified copy of the impugned first information report has been attached as Annexure No. 1 to the affidavit accompanying the writ petition. As per the gang chart, following three cases have been shown against the petitioner :-

(i) Case Crime No. 107 of 2022 u/s 380, 411, 457 I.P.C., P.S.-Dokati, District- Ballia;

(ii) Case Crime No. 179 of 2022 u/s 379, 411, 414/34 I.P.C., P.S.-Haldi, District- Ballia;

(iii) Case Crime No. 183 of 2022 u/s 4/25 of Arms Act, P.S.-Haldi, District-Ballia.

A true copy of the gang chart has been attached as Annexure No. 2 to the affidavit accompanying the writ petition.

5. It has been next submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the criminal cases shown in the gang chart. The petitioner has been released on bail by the court concerned in (i) Case Crime No. 107 of 2022 u/s 380, 411, 457 I.P.C., P.S.-Dokati, District-Ballia vide order dated 09.11.2022, (ii) Case Crime No. 179 of 2022 u/s 379, 411, 414/34 I.P.C., P.S.-Haldi, District-Ballia vide order dated 28.02.2023 and (iii) Case Crime No. 183 of 2022 u/s 4/25 of Arms Act, P.S.-Haldi, District-Ballia vide order dated 10.11.2022. Copies of the aforesaid orders have been attached as Annexure No. 3 to the affidavit accompanying the writ petition.

6. It has also been submitted by learned counsel for the petitioner that at the time of implication in the case crime numbers shown in the gang chart, the petitioner was minor. The Juvenile Justice Board, Ballia has declared the minor as juvenile vide order dated 13.01.2023 passed in Criminal Misc. Case No. 112 of 2022, State Vs. Raju Pathak, relating to Case Crime No. 179 of 2022 u/s 392, 411, 414, 34 I.P.C., Police Station-Haldi, District-Ballia. Copy of the aforesaid order has been attached as Annexure No. 4 to the affidavit accompanying the writ petition.

7. It has also been submitted by learned counsel for the petitioner that the petitioner has been released on bail vide order dated 27.03.2023 passed in Case Crime No. 203 of 2022 u/s 3(1) of U.P. Gangsters Act, Police Station Haldi, District-Ballia, which is related to the impugned first information report. Copy of the aforesaid bail order has been attached as Annexure No. 5 to the affidavit accompanying the writ petition.

8. It has been further submitted by learned counsel for the petitioner that since at the time of commission of offences mentioned in the gang chart, the petitioner was a minor and the informant has falsely lodged the first information report relating to Case Crime No. 203 of 2022 against the petitioner. It has also been submitted that the District Magistrate has approved the gang chart in a mechanical manner without examining material on record and without recording his subjective satisfaction. Thus, the impugned first i