Deshdeepak Shukla Alias D.D. Shukla and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8158 of 2023 Petitioner :- Deshdeepak Shukla Alias D.D. Shukla And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Afaq Zaki Khan Counsel for Respondent :- G.A. Connected With: Case :- CRIMINAL MISC. WRIT PETITION No. - 8850 of 2023 Petitioner :- Anuj Singh Yadav @ Anuj Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Avadhesh Mishra Counsel for Respondent :- G.A. Connected With: Case :- CRIMINAL MISC. WRIT PETITION No. - 8918 of 2023 Petitioner :- Ram Lakhan Gautam Respondent :- State Of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Deptt. Of Home U.P. Lko. And Others Counsel for Petitioner :- Kunwar Bahadur Singh Counsel for Respondent :- G.A. And Case :- CRIMINAL MISC. WRIT PETITION No. - 8924 of 2023 Petitioner :- Alok Srivastava Alias Banti Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others Counsel for Petitioner :- Kunwar Bahadur Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

¶1Since all the writ petitions relate to the same FIR and the facts of both the writ petitions are similar, all writ petitions are being heard and decided with a common order.

¶2Heard learned counsel for the petitioners, learned AGA who appears on behalf of State-respondents and perused the record.

¶3This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of Certiorari for quashing the impugned FIR dated 9.10.2023 registered as F.I.R. No. 0706 of 2023 under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention Act), P.S. Kotwali City, District Hardoi and for a direction to the respondents not to arrest the petitioners pursuant to the impugned FIR.

¶4This Court has passed an order on 20.11.2023 which is being quoted hereinbelow: "1. Heard learned counsel for the petitioners and learned A.G.A. for the State Respondents.

¶2A supplementary afÏdavit has been filed by learned counsel for the petitioners containing typed copy of the gang chart, which is taken on record.

¶3Learned counsel for the petitioners has pointed out in paragraph-04 of the supplementary afÏdavit filed by him today. He says that the gang chart has been prepared without following Rules of 2021. The Recommending Authority/Nodal OfÏcer has prepared the gang chart on

28.09.2023. The Superintendent of Police, Hardoi has signed the same on 02.10.2023, the District Magistrate, however, has not mentioned any date below his signature, and he has not recorded any satisfaction as per rules.

¶4Learned A.G.A. for the State has pointed out that the Rules only provides that a joint meeting be held of the District Police Chief and the District Magistrate before approval is granted to the gang chart.

¶5It has also been submitted that there is no requirement that signature showing such approval should be made on the same day by both the ofÏcers. A joint meeting is held every time a gang chart is prepared and records relating to the same are maintained in the ofÏce of the Superintendent of Police.

¶6Learned A.G.A. for the State Respondents shall produced the records relating to preparation and approval of the gang chart on the next date of listing.

¶7List this case on 30.11.2023 as fresh."

¶5The original register regarding minutes of the meeting for approval of the gangchart between the District Police Chief and the District Magistrate has been produced before this Court. It has several number of pages starting from page no. 2 to 14. Several minutes of the meeting have been recorded therein of various dates for approval of gangchart relating to propose accused under the Gangster Act. Page no. 13 is the minute of the meeting dated

2.10.2023 which has been signed by the Superintendent of Police, Hardoi and the District Magistrate, Hardoi on the same date.

¶6The original register/paper book regarding proposal submitted by the Nodal OfÏcer has also been produced by the learned AGA before this Court which has been prepared in the ordinary course. We have satisfied that a general meeting took place on 2.10.2023 where both the OfÏcers have approved the gangchart prepared against the petitioners.

¶7Attested copy of the page no. 13 of the said register is directed to be kept on record.

¶8This Court, having perused the original record, is satisfied that there is no procedural irregularity in granting of approval the gangchart.

¶9Learned counsel for the petitioners has argued that in the impugned FIR itself, it has been mentioned that the gangchart was approved on 4.10.2023.

¶10We have considered the relevant portion pointed out by the learned counsel for the petitioners and find that it only mentions that the approved gangchart was received by the Police OfÏcer concerned on 4.10.2023. It does not say that the gangchart itself was approved on 4.10.2023.

¶11In view of the aforesaid, this Court finds no good ground to show interference as prayed for, accordingly, the writ petition is dismissed. Order Date :- 6.12.2023 AKK High Court of Judicature at Allahabad, Lucknow Bench