# Dilip Kumar Singh @ Deepu Singh v. State of U.P. & Ors - **Citation:** (2023) 6 ILRA 947 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2023-05-22 - **Case number:** Crl. Misc. Writ Petition No. 18302 of 2022 - **Bench:** Anjani Kumar Mishra, Ms. Nand Prabha Shukla - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/dilip-kumar-singh-deepu-singh-v-state-of-u-p-ors-50480 - **Pages:** 2 ## Headnote Civil Law - The Contempt of Courts Act, 1926 - The Contempt of Courts Act, 1971- Sections 12 & 19-maintainability of special appeal-against the order of single ## Text 6 All. Dilip Kumar Singh @ Deepu Singh Vs. State of U.P. & Ors. 947 specially when the bald statement made in the petition stands denied by learned A.G.A., on the basis of instructions received by him. 7. The petitioner being an active member of the gang has indulged in several anti social activities. Thus, non-compliance of the provisions of the U.P. Gangsters and Anti Social Activities (Prevention) Rules, 2021, as contended by counsel for the petitioner, has no basis. 8. Where the gang-chart is recommended and forwarded for approval without unnecessary delay, it cannot be deduced that the provisions of the U.P. Gangsters and Anti Social Activities (Prevention) Rules, 2021 have not been complied. 9. The main purpose for implementing the said Rules is to provide transparent procedure to punish the Gangsters and to establish an efficient machinery to prevent anti social activities. 10. In view of the aforesaid facts and circumstances, the allegations in the FIR disclose a commission of cognizable offence. 11. No interference is required. The writ petition is, therefore, dismissed. ---------- (2023) 6 ILRA 947 ORIGINAL JURISDICTION CIVIL SIDE DATED: ALLAHABAD 22.05.2023 BEFORE THE HON'BLE ANJANI KUMAR MISHRA, J. THE HON'BLE MS. NAND PRABHA SHUKLA, J. Crl. Misc. Writ Petition No. 18302 of 2022 Dilip Kumar Singh @ Deepu Singh ...Petitioner Versus State of U.P. & Ors. ...Respondents Counsel for the Petitioner: Sri Arvind Kumar Upadhyay Counsel for the Respondents: G.A., Dharmveer Singh Criminal Law -Indian Penal Code, 1860 - Sections 419, 420, 467, 468, 471 & 409 - Writ petition- quashing of the FIR lodged under - civil litigation already sub-judice before the Provident Fund Commissioner, Varanasi- criminal prosecution cannot be thwarted merely because civil proceedings are also maintainable- criminal prosecution can still proceed against the petitioner-Petition dismissed. HELD: Considering the aforesaid facts, it cannot be denied that there is no express bar to the simultaneous continuance of a criminal proceeding as well as civil proceedings. Citing the decision rendered by Hon'ble Supreme Court in (1999) 8 SCC 686 (Trisuns Chemical Industry Vs Rajesh Agarwal & ors.). It has been held that criminal prosecution cannot be thwarted merely because civil proceedings are also maintainable. Merely because an act has a civil profile is not sufficient to denude it of its criminal outfit. Thus, even if the civil proceedings are subjudice before the Provident Fund Commissioner, Varanasi, the criminal prosecution can still proceed against the petitioner. Petition dismissed. (E-14) List of Cases cited: Trisuns Chemical Industry Vs Rajesh Agarwal & ors., (1999) 8 SCC 686 (Delivered by Hon'ble Ms. Nand Prabha Shukla, J.) 1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 948 INDIAN LAW REPORTS ALLAHABAD SERIES 2. The instant writ petition seeks quashing of the FIR dated 17.11.2022 giving rise to FIR No. 513 of 2022, under Sections 419, 420, 467, 468, 471, 409 IPC, Police Station- Kotwali Mau, District- Mau. 3. The main contention of learned counsel for the petitioner is that petitioner is the proprietor of M/s Singh Construction, Nizamuddinpura, Mau and was awarded work order as a contractor from theNagar Palika Parishad, Maunath Bhanjan, Mau for the purposes of cleaning 14 wards including Urban Poor settlements and slum areas from the period 01.04.2017 to 31.03.2018 for which about 275 Safai Karmcharis were employed. 4. It has further been contended that the petitioner has been falsely implicated with the mala fide intention. Adding to the above, it has been contended that the civil litigation is already sub-judice before the Provident Fund Commissioner, Varanasi. 5. Per contra, learned AGA for the State has opposed the aforesaid submissions and has stated that the petitioner has not deposited the provident fund amount of Safai Karmcharis and has produced fake copies of challans/receipts, resulting in embezzlement of EPF amount of Rs. 285 employees. 6. Considering the aforesaid facts, it cannot be denied that there is no express bar to the simultaneous continuance of a criminal proceeding as well as civil proceedings. Citing the decision rendered by Hon'ble Supreme Court in (1999) 8 SCC 686 (Trisuns Chemical Industry Vs. Rajesh Agarwal & Others). It has been held that criminal prosecution cannot be thwarted merely because civil proceedings are also maintainable. Merely because an act has a civil profile is not sufficient to denude it of its criminal outfit. 7. Thus, even if the civil proceedings are subjudice before the Provident Fund Commissioner, Varanasi, the criminal prosecution can still proceed against the petitioner. 8. Having considered the submissions advanced by learned counsel for the parties and from the perusal of records, it is apparent that the allegations in the FIR do constitute ingredients of a cognizable offence. 9. No interference is required. 10. The writ petition is, therefore, dismissed. ---------- (2023) 6 ILRA 948 APPELLATE JURISDICTION CIVIL SIDE DATED: ALLAHABAD 09.05.2023 BEFORE THE HON'BLE MRS. SUNITA AGARWAL, J. THE HON'BLE VIKAS BUDHWAR, J. Special Appeal No. 234 of 2023 Vinod Kumar & Anr. ...Appellants Versus Sri Veer Bahadur Yadav & Anr. ...Respondents Counsel for the Appellants: Sri Shashi Kant Counsel for the Respondents: Civil Law - The Contempt of Courts Act, 1926 - The Contempt of Courts Act, 1971- Sections 12 & 19-maintainability of special appeal-against the order of single