Criminal Misc. Writ Petition 2024 - AQA - PDF

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD ************ CRIMINAL MISC. STAY APPLICATION NO. OF 2024 (Under Chapter XXII Rule 1 of the High Court Rules) On behalf of Sarvesh Kumar and 3 others ---- Appli...

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD ************ CRIMINAL MISC. STAY APPLICATION NO. OF 2024 (Under Chapter XXII Rule 1 of the High Court Rules) On behalf of Sarvesh Kumar and 3 others ---- Applicants/ Petitioners IN CRIMINAL MISC. WRIT PETITION NO. OF 2024 (Under Article 226 of the Constitution of India) DISTRICT: BULANDSHAHAR 1- Sarvesh Kumar son of Ghanshyam Singh, resident of Sukhriya, Raya, Mathura, District Mathura. 2- Atul son of Premprakash, resident of Ikrauli Junnadar, Surir, Mathura, District Mathura. 3- Shivam Pathak @ Shiva son of Haribabu, resident of Chhaichhau, Iglash, Aligarh, District-Aligarh. 4- Pawan son of Tularam, resident of Gaju, Raya, Mathura, District Mathura. -------Petitioners Versus 1. State of U.P. through Principal Secretary (Home), Government of U.P. at Lucknow. 2. Superintendant of Police, District Mathura. 3. The Station House Officer/ Shalendra Pratap Singh (Informant, SI), Police Station-Kotwali Dehat, District- Bulandshahar ----------Respondents ************* To, The Hon’ble the Chief Justice and his other companion Judges of the aforesaid Court.  The humble application on behalf of the Petitioners/applicants above named Most Respectfully Showeth as under: 1. That the full facts and circumstances stated in the accompanying writ petition from the application. PRAYER It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to stay the arrest of the petitioners/ quash the FIR dated 30.08.2024 in pursuance of the Case Crime No. 0523/2024, Under Section- 2/3 U.P. Gangster and Anti Social Activities (Prevention), Act, Police Station- Kotwali Dehat, District-Bulandshahar, otherwise the petitioners shall suffer irreparable loss and injury. And/or to pass such other and further order as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. Dated: ___/09/2024 (ANIL KUMAR DWIVEDI) & (KARTIKEY SINGH) Advocates, Adv. Roll No. A/A-0634/2024, Adv. Roll No. A/K-0154/2012 Counsel for the Petitioners Chamber No. 133, High Court, Allahabad. Mob. No. 9450634955  In Case Crime No. 0523/2024, Under Section- 2/3 U.P. Gangster and Anti Social Activities (Prevention), Act, Police Station- Kotwali Dehat, District- Bulandshahar IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD ************ CRIMINAL MISC. WRIT PETITION NO. OF 2024 (Under Article 226 of the Constitution of India) DISTRICT: BULANDSHAHAR 1. Sarvesh Kumar son of Ghanshyam Singh, resident of Sukhriya, Raya, Mathura, District Mathura. 2. Atul son of Premprakash, resident of Ikrauli Junnadar, Surir, Mathura, District Mathura. 3. Shivam Pathak @ Shiva son of Haribabu, resident of Chhaichhau, Iglash, Aligarh, District-Aligarh. 4. Pawan son of Tularam, resident of Gaju, Raya, Mathura, District Mathura. -------Petitioners Versus 1. State of U.P. through Principal Secretary (Home), Government of U.P. at Lucknow. 2. Superintendant of Police, District Mathura. 3. The Station House Officer/ Shalendra Pratap Singh (Informant, SI), Police Station-Kotwali Dehat, District- Bulandshahar ----------Respondents ************* To, The Hon’ble the Chief Justice and his other companion Judges of the aforesaid court. The humble writ petition of the above named Petitioners Most Respectfully Showeth as under: 1. That this is the first writ petition filed on behalf of petitioners before this Hon'ble Court challenging the impugned First Information Report dated 30.08.2024 in Case Crime No. 0523/2024, Under Section- 2/3 U.P. Gangster and Anti Social Activities (Prevention), Act, Police Station- Kotwali Dehat, District-Bulandshahar, no other Criminal Misc. Writ Petition/482 Cr.P.C. filed or pending before this Hon'ble Court or its Bench at Lucknow for the same cause of action. 2. That the petitioners have not received any caveat application from any one of the respondents so far. 3. That regarding the present First Information Report no charge sheet has been submitted by the Investigating Officer till date and investigation is going on. 4. That First Information Report has been lodged in Case Crime No. 0523/2024, Under Section- 2/3 U.P. Gangster and Anti Social Activities (Prevention), Act, Police Station- Kotwali Dehat, District-Bulandshahar. 5. That the best fair copies of the document has been annexed this writ petition given by petitioners. 6. That the present case is not related to Central Bureau of Investigation/ Provision of Corruption Act, E.D./ Matter relating N.MC H.R.M. Scam/ G.P.F. Scam/ mater of M.P.M.L.A. etc. 7. That by means of the present writ petition the petitioners are seeking the relief to quash the First information report in Case Crime No. 0523/2024, Under Section- 2/3 U.P. Gangster and Anti Social Activities (Prevention), Act, Police Station- Kotwali Dehat, District- Bulandshahar. 8. That the entire allegation is described in first information report dated 30.08.2024. 9. That the FIR was registered against the 12 persons by the respondent no. 3 dated 30.08.2024 as Case Crime No.  0523/2024, Under Section- 2/3 U.P. Gangster and Anti Social Activities (Prevention), Act, Police Station- Kotwali Dehat, District-Bulandshahar. The copy of the FIR dated 30.08.2024 is being filed here with and marked as ANNEXURE NO. 1 to this writ petition. 10. That Station House Officer and other authorities as well as D.M. and S.P. and Nodal Officer prepared a gang chart on and showing the gang leader namely Raj Kumar @ Pandit and rest 11 persons of the member of the gang chart. According to Gang chart except the gang leader all accused has 1 case as case crime no. 58/2024 under section 419, 420, 467, 468, 471, 120B I.P.C. police Station- Kotwali Dehat, District Bulandshahar. The copy of the Gang chart is being filed here with and marked as ANNEXURE NO. 2 to this writ petition. 11. That according to Gang Chart against all the petitioners namely Sarvesh Kumar son of Ghanshyam Singh, Atul son of Premprakash, Shivam Pathak @ Shiva son of Haribabu and Pawan son of Tularam showing 1 case and all the petitioners granted bail by court below. The copy of the FIR as well as bail orders dated 20.02.2024, 27.02.2024, 27.02.2024, 27.02.2024 are being collectively filed here with and marked as ANNEXURE NO. 3 to this writ petition. 12. That all the petitioners are one day exam competitioners (students) all petitioners aged above 25 years old and they are involved in the base case at the information of Mukhbir, it is also mentioned in the FIR of base case as case crime no. 0058/2024 under section 419, 420, 467, 468, 471, 120-B I.P.C. Police Station- kotwali Dehat, District Bulandshahar. 13. That the concern police falsely implicated to petitioners due to showing the good work in the eye of department. 14. That petitioners have no criminal history except the present case and showing the gang chart case against the petitioners. 15. That the petitioners have no knowledge about the FIR of Gangster Act. 16. That petitioners have not received any notice about the present FIR (Grievances of the petitioners are that without any FIR and without any notice proceeding under section 14 (1) of the U.P. Gangster Act have been initiated against them). 17. That the respondent no. 2 and 3 not adopted the proceeding of the Rule 5 (3) (A). They do not call the joint meeting for approval of the gang chart. 18. That even on the perusal of the base case no offence under the U.P. Gangster and Anti- social Activities (Prevention) Act, 1986 is made out. 19. That gang chart is not in accordance with Rule 5(3)(a) of the U.P. Gangster and Anti-social Activities (Prevention) Rules, 2021. All the authorities signatures mentioned at the gang chart at the different dates. 20. That the above mentioned FIR of gangster act/ gang chart is liable to be quashed. 21. That bare perusal of the first information report no offence under section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act 1986 is made out. 22. That the petitioners are law abiding citizens and they are respectable person in the locality. 23. That “while recommending and approving the gang chart of the FIR in question, no satisfaction was recorded by the competent authorities as required by Rule 16 of the U.P. Gangster and Anti Social Activities (Prevention) Rules, 2021 (hereinafter referred to as 'Rules, 2021'), which is against the law laid down by the Division Bench of this Court in Sanni Mishra @ Sanjayan Kumar Mishra vs. State of U.P. and others reported in 2024 (1) ADJ 231 (DB). 24. That the gang chart prepared before lodging the impugned FIR weas recommended and approved by the competent authorities without recording required satisfaction. This Court in the case of Sanni Mishra (Supra) has observed that non recording of satisfaction amounts to violation of Rule 17 (2) of the Rules, 2021 being non application of mind on the part of the competent authorities. 25. That the present case is fully covered to above noted case and present FIR as well as gang chart is liable to be quashed. 26. That the petitioners are law abiding citizens and they are respectable persons in the locality. 27. That the perusal of the first information report no offence made out against the petitioners Case Crime No. 0523/2024, Under Section- 2/3 U.P. Gangster and Anti Social Activities (Prevention), Act, Police Station- Kotwali Dehat, District-Bulandshahar. 28. That, the petitioners’ fundamental rights directed under Article 21 of the constitution of India is violated. 29. That, in these facts and circumstances of the case it is expedient and necessary in the interest of justice that this Hon'ble Court may graciously be pleased to stay the arrest of the petitioners in pursuance of the FIR dated 30.08.2024  in pursuance of the Case Crime No. 0523/2024, Under Section- 2/3 U.P. Gangster and Anti Social Activities (Prevention), Act, Police Station- Kotwali Dehat, District- Bulandshahar, otherwise the petitioners shall suffer irreparable loss and injury. 30. That the petitioner has no other equally efficacious remedy except to approach this Hon'ble Court under Article 226 of the Constitution of India. 31. That the present petition is being preferred interalia on the following amongst other grounds:- GROUNDS A. Because, by means of the present writ petition the petitioners are seeking the relief to quash the First information report in Case Crime No. 0523/2024, Under Section- 2/3 U.P. Gangster and Anti Social Activities (Prevention), Act, Police Station- Kotwali Dehat, District- Bulandshahar B. Because, the entire allegation is described in first information report dated 30.08.2024. C. Because, the FIR was registered against the 12 persons by the respondent no. 3 dated 30.08.2024 as Case Crime No. 0523/2024, Under Section- 2/3 U.P. Gangster and Anti  Social Activities (Prevention), Act, Police Station- Kotwali Dehat, District-Bulandshahar. D. Because, Station House Officer and other authorities as well as D.M. and S.P. and Nodal Officer prepared a gang chart on and showing the gang leader namely Raj Kumar @ Pandit and rest 11 persons of the member of the gang chart. According to Gang chart except the gang leader all accused has 1 case as case crime no. 58/2024 under section 419, 420, 467, 468, 471, 120B I.P.C. police Station- Kotwali Dehat, District Bulandshahar. E. Because, according to Gang Chart against all the petitioners namely Sarvesh Kumar son of Ghanshyam Singh, Atul son of Premprakash, Shivam Pathak @ Shiva son of Haribabu and Pawan son of Tularam showing 1 case and all the petitioners granted bail by court below. F. Because, all the petitioners are one day exam competitioners (students) all petitioners aged above 25 years old and they are involved in the base case at the information of Mukhbir, it is also mentioned in the FIR of base case as case crime no. 0058/2024 under section 419, 420, 467, 468, 471, 120-B I.P.C. Police Station- kotwali Dehat, District Bulandshahar. G. Because, the concern police falsely implicated to petitioners due to showing the good work in the eye of department. H. Because, petitioners have no criminal history except the present case and showing the gang chart case against the petitioners. I. Because, the petitioners have no knowledge about the FIR of Gangster Act. J. Because, petitioners have not received any notice about the present FIR (Grievances of the petitioners are that without any FIR and without any notice proceeding under section 14 (1) of the U.P. Gangster Act have been initiated against them). K. Because, the respondent no. 2 and 3 not adopted the proceeding of the Rule 5 (3) (A). They do not call the joint meeting for approval of the gang chart. L. Because, even on the perusal of the base case no offence under the U.P. Gangster and Anti- social Activities (Prevention) Act, 1986 is made out. M. Because, gang chart is not in accordance with Rule 5(3)(a) of the U.P. Gangster and Anti-social Activities (Prevention) Rules, 2021. All the authorities signatures mentioned at the gang chart at the different dates. N. Because, the above mentioned FIR of gangster act/ gang chart is liable to be quashed. O. Because, bare perusal of the first information report no offence under section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act 1986 is made out. P. Because, the petitioners are law abiding citizens and they are respectable person in the locality. Q. Because, “while recommending and approving the gang chart of the FIR in question, no satisfaction was recorded by the competent authorities as required by Rule 16 of the U.P. Gangster and Anti Social Activities (Prevention) Rules, 2021 (hereinafter referred to as 'Rules, 2021'), which is against the law laid down by the Division Bench of this Court in Sanni Mishra @ Sanjayan Kumar Mishra vs. State of U.P. and others reported in 2024 (1) ADJ 231 (DB). R. Because, the gang chart prepared before lodging the impugned FIR weas recommended and approved by the competent authorities without recording required satisfaction. This Court in the case of Sanni Mishra (Supra) has observed that non recording of satisfaction amounts to violation of Rule 17 (2) of the Rules, 2021  being non application of mind on the part of the competent authorities. S. Because, the present case is fully covered to above noted case and present FIR as well as gang chart is liable to be quashed. T. Because, the petitioners are law abiding citizens and they are respectable persons in the locality. U. Because, the perusal of the first information report no offence made out against the petitioners Case Crime No. 0523/2024, Under Section- 2/3 U.P. Gangster and Anti Social Activities (Prevention), Act, Police Station- Kotwali Dehat, District-Bulandshahar. V. Because, the petitioners’ fundamental rights directed under Article 21 of the constitution of India is violated. PRAYER It is, therefore, Most Respectfully prayed that this Hon’ble Court may graciously be pleased to:- A. Issue a writ, order or direction in the nature of certiorari quashing the FIR dated 30.08.2024 in pursuance of the Case Crime No. 0523/2024, Under Section- 2/3 U.P. Gangster and Anti Social Activities (Prevention), Act, Police Station- Kotwali Dehat, District-Bulandshahar (Annexure no. 1) to this writ petition. B. Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 2 and 3 not to arrest the petitioners in pursuance of FIR dated 30.08.2024 in pursuance of the Case Crime No. 0523/2024, Under Section- 2/3 U.P. Gangster and Anti Social Activities (Prevention), Act, Police Station- Kotwali Dehat, District- Bulandshahar. i) Issue any other suitable writ order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case in the interest of justice. ii) Award the cost of this writ petition in favour of the Petitioners. Dated: ___/09/2024 (ANIL KUMAR DWIVEDI) & (KARTIKEY SINGH) Advocates, Adv. Roll No. A/A-0634/2024, Adv. Roll No. A/K-0154/2012 Counsel for the Petitioners Chamber No. 133, High Court, Allahabad. Mob. No. 9450634955  IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD ************* INDEX IN CRIMINAL MISC. WRIT PETITION NO. OF 2024 (Under Article 226 of the Constitution of India) DISTRICT: BULANDSHAHAR Sarvesh Kumar and others -------Petitioners Versus State of U.P. through Principal Secretary (Home), Government of U.P. at Lucknow and others. ----------Respondents ************* SL. PARTICULARS DATES ANN PAGES NO. 1 Dates & Events 2 Criminal Misc. Stay Application (Under Chapter XXII Rule 1 of the High Court Rules 1952) 3 Criminal Misc. Writ Petition (Under Article 226 of the Constitution of India) 4 The copy of the FIR 30.08.2024 1 5 The copy of the Gang chart 2 6 The copy of the FIR as well as 20.02.2024, 3 bail orders 27.02.2024, 27.02.2024 and 27.02.2024 7 Affidavit. 8 Vakalatnama. Dated: ___/09/2024 (ANIL KUMAR DWIVEDI) & (KARTIKEY SINGH) Advocates, Adv. Roll No. A/A-0634/2024, Adv. Roll No. A/K-0154/2012 Counsel for the Petitioners Chamber No. 133, High Court, Allahabad. Mob. No. 9450634955  IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD ************* AFFIDAVIT IN CRIMINAL MISC. WRIT PETITION NO. OF 2024 (Under Article 226 of the Constitution of India) DISTRICT: BULANDSHAHAR 1. Sarvesh Kumar son of Ghanshyam Singh, resident of Sukhriya, Raya, Mathura, District Mathura. 2. Atul son of Premprakash, resident of Ikrauli Junnadar, Surir, Mathura, District Mathura. 3. Shivam Pathak @ Shiva son of Haribabu, resident of Chhaichhau, Iglash, Aligarh, District-Aligarh. 4. Pawan son of Tularam, resident of Gaju, Raya, Mathura, District Mathura. -------Petitioners Versus 1. State of U.P. through Principal Secretary (Home), Government of U.P. at Lucknow. 2. Superintendant of Police, District Mathura. 3. The Station House Officer/ Shalendra Pratap Singh (Informant, SI), Police Station-Kotwali Dehat, District- Bulandshahar ----------Respondents *************  Affidavit of Sarvesh Kumar, aged about- 33 years, son of Ghanshyam Singh, resident of village- Suthriya Post Gaju Gaju, Mathura, Uttar Pradesh, 281206, Religion-Hindu, Occupation- Student. Adhar Card No. 5469 6743 8661 (Deponent ) I, the deponent above named do hereby solemnly affirm and state on oath as under: 1. That the deponent is the petitioner no.1 and doing pairvi on behalf of the petitioners in the above noted criminal misc. writ petition and as such he is fully conversant with the facts deposed to below:- I, the deponent above named do hereby solemnly affirm and state that the contents of Para No. 1 of this affidavit and those para Nos …………………............................... …………………………………………of the accompanying Writ petition are true to my personal knowledge and that the contents of Para Nos ……………………………………....… of the accompanying Writ Petition are based on record and that the contents of Para Nos. …...………. ……………of the accompanying Writ petition are based on information received and the contents of paragraph Nos.................................... are based on legal advise which all I believe to be true that no part of it is false and nothing material has been concealed in it. So help me God. DEPONENT I, KARTIKEY SINGH, Advocate, High Court, Allahabad, do hereby declare that persons making this affidavit and alleging himself that deponents are the same persons and known to me from the perusal of papers, photograph and identity proof which he produced in respect of the present case. ADVOCATE Solemnly affirm and stated before me on this day of September, 2024 at about ______a.m./p.m. by the deponent who is identified by the aforesaid Advocate I have been satisfied myself by examining the deponent that he understood the contents of this affidavit which is explained to him. OATH COMMISSIONER  IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD ************* DATES & EVENTS IN CRIMINAL MISC. WRIT PETITION NO. OF 2024 (Under Article 226 of the Constitution of India) DISTRICT: BULANDSHAHAR Sarvesh Kumar and others -------Petitioners Versus State of U.P. through Principal Secretary (Home), Government of U.P. at Lucknow and others. ----------Respondents ************* Sl. Date Events. No. 1 30.08.2024 The FIR was registered against the 12 persons by the respondent no. 3 dated 30.08.2024 as Case Crime No. 0523/2024, Under Section- 2/3 U.P. Gangster and Anti Social Activities (Prevention), Act, Police Station- Kotwali Dehat, District- Bulandshahar. 2 Station House Officer and other authorities as well as D.M. and S.P. and Nodal Officer prepared a gang chart on  and showing the gang leader namely Raj Kumar @ Pandit and rest 11 persons of the member of the gang chart. According to Gang chart except the gang leader all accused has 1 case as case crime no. 58/2024 under section 419, 420, 467, 468, 471, 120B I.P.C. police Station- Kotwali Dehat, District Bulandshahar. 3 According to Gang Chart against all the petitioners namely Sarvesh Kumar son of Ghanshyam Singh, Atul son of Premprakash, Shivam Pathak @ Shiva son of Haribabu and Pawan son of Tularam showing 1 case and all the petitioners granted bail by court below. 4 Hence this present writ petition. Dated: ___/09/2024 (ANIL KUMAR DWIVEDI) & (KARTIKEY SINGH) Advocates, Adv. Roll No. A/A-0634/2024, Adv. Roll No. A/K-0154/2012 Counsel for the Petitioners Chamber No. 133, High Court, Allahabad. Mob. No. 9450634955  IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD ************* ANNEXURE No.- IN CRIMINAL MISC. WRIT PETITION NO. OF 2024 (Under Article 226 of the Constitution of India) DISTRICT: BULANDSHAHAR Sarvesh Kumar and others -------Petitioners Versus State of U.P. through Principal Secretary (Home), Government of U.P. at Lucknow and others. ----------Respondents *************