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2024 Supreme(All) 2447
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VINOD DIWAKAR, J.
Sumit Punjabi @ Sumit Arora – Appellant
Versus
State of U.P. and Another – Respondent
Application U/S 482 No.18360 of 2024
Decided on : 13-12-2024
Important Points
Subject
Criminal Law - Procedural Compliance
Act Referred
Headnote
(B) Accountability of Investigating Officers - The court emphasized the importance of adherence to statutory duties by police officers, underscoring that ignorance of the law is no excuse. (Paras 10-11)
Facts of the case:
The applicant challenged the summoning order, alleging procedural violations in the investigation under the Gangsters Act, specifically citing delays in filing the charge sheet and improper reliance on confessional statements.
Findings of Court:
The court found that the investigation did not comply with the statutory requirement of timely completion, which undermined the integrity of the proceedings.
Issues: The main issues included the delay in investigation and the procedural adherence of the Investigating Officers.
Ratio Decidendi: The court reiterated that the procedural rules under the Gangsters Act are to be strictly followed to maintain public confidence in law enforcement.
Result: The entire proceedings against the accused were quashed, allowing for a fresh investigation.
For the Applicant : Ajay Nand Pandey, Shravana Kumar Yadav, Syed Imran Ibrahim
For the Opposite Party : G.A.
JUDGMENT :
Vinod Diwakar, J.
1. Heard learned counsel for applicant and learned AGA for the State.
2. Through the instant proceedings, the applicant has challenged the cognizance/summoning order dated 10.04.2024 on a limited ground that the Rules framed under the Provisions of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 have not been complied with by the police.
3. Thus, the learned counsel for the applicant submits that; (i) besides Rules 16 and 17 of the Rules 2021, Rule 24 for expeditious investigation has been violated, (ii) the FIR was registered on 29.4.2022, whereas the charge sheet was filed on 3.2.2024 almost after a delay of 21 months and two days, (iii) the applicant is a businessman and he is arrayed as an accused in the base case on the basis of confessional statement of co- accused, which is impermissible under the law, (iv) the applicant's arrest was stayed by this Court vide order dated 1.8.2022, on Court's prima facie, satisfaction that the applicant is innocent and has been arrayed as an accused by the police because of ulterior reasons.
4. Per contra, learned AGA states that the applicant is a habitual offender and three cases have been registered against the applicant of similar nature and there are serious allegations of running a gambling racket for illegal gain.
5. Vide order dated 10.12.2024, all the Investigating Officers who had been part of the investigation were directed to present virtually through video conferencing, and in compliance of the order, the S.S.P. Baghpat appeared virtually along with Investigating Officers and apprised to the Court that the FIR was registered on 29.4.2022, thereafter, the investigation was conducted by ten Investigating Officers and on completion of the investigation the charge sheet was filed on 3.2.2024. The name of Investigation Officers along with the period for which the investigation was remained with them, are outlined herein in tabular format:-
| Sr No. | Name of the Investigator | Start of investigation and final submission of report | Period of investigation |
| 1 | Inspector Shri Madan Pal Singh | 29.4.2022 | 01 day |
| 2 | In-charge Inspector Shri Novendra Singh Sirohi | from 30.4.2022 to 13.08.2022 | 03 months and 13 days |
| 3. | Inspector Shri Indrapal Singh | from 01.09.2022 to 27.10.2022 | 1 month and 27 days |
| 4. | S.H.O. Shri Virendra Rana | from 19.11.2022 to 20.11.2022 | 02 days |
| 5. | S.I. Shri Bhurendra Singh | from 15.12.2022 to 16.12.2022 | 02 days |
| 6. | In-charge Inspector Shri Satendra Singh Siddhu | From 10.01.2023 to 20.5.2023 | 04 months and 10 days |
| 7. | In-charge Inspector Shri Kaushlendra Singh | from 18.06.2023 to 3.8.2023 | 01 month and 15 days |
| 8. | In-charge Inspector Shri Bachchu Singh | from 13.08.2023 to 28.09.2023 | 01 month and 15 days |
| 9. | In-charge Inspector Shri Pradeep Dodiyal | from 2.10.2023 to 2.12.2023 | 02 months |
| 10. | Inspector Shri Jitendra Kumar | from 4.12.2023 to 3.2.2024 | 02 months |
6. For clarity, Rule 24 of the U.P. Gangsters and Anti Social Activities (Prevention) Rules, 2021 is extracted herein below:
“The rule stipulates the investigation shall be conducted expeditiously within six months of the registration of the case and in unavoidable circumstances with the approval of the District Police In-Charge, a maximum extension of three months can be provided but in no case the investigation cannot be extended for more than one year.”
7. In the instant case, the charge sheet was filed after a delay of 21 months and 2 days and the same is in contravention of Rule 24.
8. The provisions of Gangsters Act is stringent in nature and the idea is to punish declared criminals who have deliberately chosen the life of crime. The activities of these professionals perpetrators of organized crimes and violence, and orgy has a far more baneful effect on the health and morals of the society and its people. If the activity of such criminal are subjected to the same punishment as that other ordinary criminals, the confidence of public in the efficacy and efficiency of the state administration is bound to shake.
9. It is noticed that the Investigati
