Mahmood Khan Alias Mahmood Ramjan Khan and Others v. State of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9224 of 2023 Petitioner :- Mahmood Khan Alias Mahmood Ramjan Khan And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko And Others Counsel for Petitioner :- Ajey Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Karunesh Singh Pawar,J.

¶1This Court had earlier granted time to the learned A.G.A. for the State Respondents to seek instructions / record relating to the register maintained with regard to the joint meeting being held for consideration of gang-chart. The Instructions were given earlier that no register is maintained regarding minutes of any joint meeting. Only one register is maintained where approved gang-charts are noted.

¶2This Court had thereafter directed on

19.12.2023 that the respondents may produced the register maintained wherein noting regarding approval of gang-chart is made.

¶3The instructions have been sent by Sri Ambedkar, Sub-Inspector of Police, Police Station-Malhipur, District-Shrawasti dated 19.12.2023 saying that no such register is maintained. The instructions have a letter dated 18.12.2023 enclosed with them, which has been sent by the District

Magistrate,

Shrawasti

to

the Superintendent of Police, Shrawasti wherein it has been stated that no register has been maintained for noting the minutes of the meeting as envisaged Rule 5 (3) (1) of the Rules of 2021.

¶4The gang-chart is quashed and the proceedings taken in pursuance thereof are also quashed, as this Court is satisfied from the instructions sent by the respondents that no joint meeting was actually held, in case, any joint meeting is held the practice is of maintained to the minutes in register which is produced when the Court asks for it.

¶5The written instructions are kept on record.

¶6The writ petition is allowed.

¶7It is clarify that the gang-chart has been quashed because there is no compliance of the procedure as prescribed under the Act and the Rules. Order Date :- 21.12.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench