Jubair @ Chhotu v. State of U.P. and 3 Others

Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 18981 of 2023 Petitioner :- Jubair @ Chhotu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Diwan Saifullah Khan Counsel for Respondent :- G.A. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J.

¶1Heard learned counsel for the petitioner, learned counsel for the first informant and learned A.G.A. for the State.

¶2The instant writ petition seeks quashing of the FIR dated 02.11.2023 giving rise to Case Crime No.207 of 2023, under Sections 2/3 of U.P. Gangster & Anti Social Activities (Prevention) Act' 1986, Police Station-Aata, District-Jalaun.

¶3It is contended that the gang chart on the basis of which the impugned FIR has been lodged has not mentioned the date on which the charge sheet was prepared in the base case. This is a necessary requirement. In the absence of this state the gang chart itself could not and should not have been approved and in relying upon such a gang chart and lodging the FIR smack of illegality.

¶4Learned AGA despite his strenuous argument has not been able to show that the date on which charge sheet was prepared has been mentioned in the gang chart.

¶5Under the circumstances, in our considered opinion the first information report lodged on the basis of such defective gang chart is not liable to be sustained.

¶6The writ petition under the circumstances is allowed.

¶7The first information report dated 02.11.2023 giving rise to Case Crime No.207 of 2023, under Sections 2/3 of U.P. Gangster & Anti Social Activities (Prevention) Act' 1986, Police Station-Aata, District-Jalaun is hereby quashed.

¶8It is, however, clarified that quashing of the first information report is on technical ground and the same shall not preclude the respondents from taking fresh proceedings against the petitioner, in case, circumstances so demand. Order Date :- 7.12.2023 C. MANI High Court of Judicature at Allahabad