# State of U.P v. Mukhtar Ansari

- **Citation:** (2023) 5 ILRA 10
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2023-01-18
- **Case number:** Application U/S 482 No. 903 of 2023
- **Bench:** Dinesh Kumar Singh
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/state-of-u-p-v-mukhtar-ansari-50065
- **Pages:** 5

## Headnote

(A) Criminal Law - The Code of Criminal
Procedure, 1973 - Section 482 - Inherent
power - Indian Penal Code, 1860 -
Sections 307, 506 and 120-B , The Uttar
Pradesh Jail Manual, 2022 - Chapter-14 -
criminal prisoners categorised in two classes
(1) Superior; and (2) Ordinary - Paragraph
257 - High Court may recommend a criminal
prisoner to a superior class for trial, enquiry,
appeal, or revision, Paragraph 258 - superior
class
not
typically
recommended
for
prisoners
accused
of
serious
offenses
mentioned in Chapter V-A, VI, VII, VIII,
Section 161, and Chapters XII, XV, XVI,
XVII, and XVIII of the Indian Penal Code, as
well as other enactments.(Para - 3,6)

Accused-Opposite party the known gangster -
dreaded criminal and bahubali - criminal cases
registered against accused-opposite party -
accused of serious offenses - trial court directed
Senior Superintendent of District Jail - to grant
superior
class
to
accused
-
taken
into
consideration provision of Section 287 of the
Uttar Pradesh Jail Manual - said Jail Manual
replaced by the Uttar Pradesh Jail Manual,
2022.(Para - 2)

HELD:-Order
impugned
not
only
without
jurisdiction but also unsustainable on merits;
liable to be set aside. Impugned order passed
under Sections 307, 506 and 120-B IPC set
aside.(Para - 12)

Application u/s 482 Cr.P.C. allowed. (E-7)

## Text

10 INDIAN LAW REPORTS ALLAHABAD SERIES
(2023) 5 ILRA 10
ORIGINAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 18.01.2023

BEFORE

THE HON'BLE DINESH KUMAR SINGH, J.

Application U/S 482 No. 903 of 2023

State of U.P. ...Applicant
Versus
Mukhtar Ansari ...Opposite Party

Counsel for the Applicant:
Shri Ratnendu Kumar Singh

Counsel for the Opposite Party:

(A) Criminal Law - The Code of Criminal
Procedure, 1973 - Section 482 - Inherent
power - Indian Penal Code, 1860 -
Sections 307, 506 and 120-B , The Uttar
Pradesh Jail Manual, 2022 - Chapter-14 -
criminal prisoners categorised in two classes
(1) Superior; and (2) Ordinary - Paragraph
257 - High Court may recommend a criminal
prisoner to a superior class for trial, enquiry,
appeal, or revision, Paragraph 258 - superior
class
not
typically
recommended
for
prisoners
accused
of
serious
offenses
mentioned in Chapter V-A, VI, VII, VIII,
Section 161, and Chapters XII, XV, XVI,
XVII, and XVIII of the Indian Penal Code, as
well as other enactments.(Para - 3,6)

Accused-Opposite party the known gangster -
dreaded criminal and bahubali - criminal cases
registered against accused-opposite party -
accused of serious offenses - trial court directed
Senior Superintendent of District Jail - to grant
superior
class
to
accused
-
taken
into
consideration provision of Section 287 of the
Uttar Pradesh Jail Manual - said Jail Manual
replaced by the Uttar Pradesh Jail Manual,
2022.(Para - 2)

HELD:-Order
impugned
not
only
without
jurisdiction but also unsustainable on merits;
liable to be set aside. Impugned order passed
under Sections 307, 506 and 120-B IPC set
aside.(Para - 12)

Application u/s 482 Cr.P.C. allowed. (E-7)

(Delivered by Hon'ble Dinesh Kumar
Singh, J.)

1. The present petition under Section
482 Cr.P.C. has been filed by the State
impugning the order dated 15.3.2022
passed by the First Additional Sessions
Judge/Special Judge, MP/MLA, Ghazipur
in Session Trial No10-A of 2010, arising
out of Case Crime No.1182 of 2009,
under Sections 307, 506 and 120-B IPC,
Police Station Mohammadabad, District
Ghazipur.

2. The learned trial court vide
impugned order has directed the Senior
Superintendent of District Jail, Banda to
grant superior class to accused-Mukhtar
Ansari. The learned trial court has taken
into consideration the provision of Section
287 of the Uttar Pradesh Jail Manual.
However, the said Jail Manual is replaced
now by the Uttar Pradesh Jail Manual,
2022 and the corresponding provisions are
incorporated in Chapter-14 of the Uttar
Pradesh Jail Manual, 2022.

3. Under the Uttar Pradesh Jail
Manual, criminal prisoners are categorised
in two classes; (1) Superior; and (2)
Ordinary. Paragraph 257 of the Uttar
Pradesh Jail Manual, 2022 provides for
recommendation for superior class as was
under Paragraph 279 of the Old Manual by
the Courts.

4. For the sake of convenience,
Paragraph 257 of the Uttar Pradesh Jail
Manual,
2022
reads
as
under:-
5 All. State of U.P. Vs. Mukhtar Ansari
11

?257. (a) In respect of criminal
prisoner who is an accused before it,
whether in trial, enquiry, appeal or revision
and keeping in view the provisions of rule
259, the High Court may recommend to the
State Government, and a Court of Session
to the District Magistrate for his admission
to superior class.

(b) The High Court may, pending
receipt
of
the
order
of
the
State
Government direct the Superintendent of
the jail concerned to admit the prisoner
provisionally to the superior class and the
Superintendent of jail shall comply with
such direction.?

5.
Paragraph
258,
corresponding
Paragraph
280
of
the
Old
Manual
prescribes conditions for grant of superior
class to a prisoner, which would read as
under:-

?258. (1) Superior class shall not
ordinarily be given to a prisoner who has
been ordered to be detained under chapter
VIII of the Code of Criminal Procedure,
1973, or who has been convicted of any of
the following offences-

(a) offences under Chapter V-A,
VI, VII and VIII. Section 161 ; Chapters
XII, XV, XVI, XVII and XVIII of the Indian
Penal Code;

(b) offences under Sections 25
and 27 of the Arms Act, 1959 :

(c) offences under the Prevention
of Corruption Act, 1947 ;

(d) offences under the Unlawful
Activities (Prevention) Act, 1967 ;

(e) offences under the Control of
Goonda Act, 1970;

(f) offences under the Prevention
of Food Adulteration Act, 1954

(g) offences of abetment of any of
the offences mentioned above ;

(h) offences under Section 14 of
the Foreigners Act, 1946

(i) any other offences involving
violence or moral turpitude.

(j) offences against women and
children.

(k) The Uttar Pradesh Gangster
Act, Anti Social Activities Prevention Act,
1986.

(l) any special act dealing with
terror, subversive activities or organized
crime.

(2) If the District Magistrate is
satisfied that the prisoners, education,
character and antecedent, the nature of the
offence committed and the motives thereof
justifies superior class treatment to the
prisoner, may, either on his own motion or
as a recommendation made by the Court of
Session or Magistrate under clause (a) of
accord superior class ?

(a) to a prisoner not covered by
sub-rule (1) and

(b) to a prisoner covered by rule
(1) but in very exceptional cases.

(3) A brief note setting forth the
grounds on which the superior class is
accorded by the District Magistrate shall
be furnished to the State Government.

(4) The State Government either
on its own motion or as recommendation
made by the High Court may, for reasons to
be recorded in writing likewise accord
superior class to a prisoner if it is satisfied
that
his
education,
character
and
antecedents,
the
nature
of
offence
committed and the motives therefor justify
the same.?

6. From perusal of Paragraph 257, it is
evident that in respect of a criminal
prisoner, who is an accused before the court
whether in trial, enquiry, appeal or revision,
the High Court may recommend to the
State Government and the Court of
12 INDIAN LAW REPORTS ALLAHABAD SERIES
Sessions to the District Magistrate for
admission of such prisoner to a superior
class. The conditions for admission of
prisoner as stated above are prescribed in
Paragraph 258, which specifically says that
the
superior
class
shall
not
be
recommended ordinarily to a prisoner, who
is accused of serious offences mentioned in
Chapter V-A, VI, VII and VIII. Section 161
; Chapters XII, XV, XVI, XVII and XVIII
of the Indian Penal Code besides under
other enactments which are mentioned in
the said Section.

7. It may also be taken note of that
while considering the recommendation for
providing superior class to a criminal
prisoner, the State Government has to take
into consideration the following facts:-

(a) Education of the criminal
prisoner ;

(b) Character ;

(c) Criminal antecedents ;

(d)
Nature
of
offence(s)
committed ; and

(e) Motive for committing the
offence(s).

8. Sri Ratnendu Kumar Singh, learned
AGA for the petitioner-State has advanced
two fold submissions in support of the
preset petition. Firstly, he submits that the
order passed by the learned trial court is
without jurisdiction inasmuch as the Court
has only recommendatory power for grant
of superior class to a prisoner and the final
authority to grant or refuse the superior
class is vested in the State Government as
the case may be. He further submits that
considering the long criminal history of the
accused-opposite party of heinous offences,
a known gangster and the most dreaded
criminal is otherwise not entitled for
superior class. He, therefore, submits that
the
impugned
order
being
without
jurisdiction and also on merit the accused is
not entitled for superior class looking at his
long criminal history and he being an
accused for offences under Chapter-XVI,
he is not entitled for grant of superior class
inasmuch Paragraph 258 bars granting of
superior class to such a criminal.

9. Sri Upendra Upadhyayay, learned
counsel for the opposite party is not in a
position to dispute the legal position that
the
learned
trial
court
has
only
recommendatory power, and the power
ultimately vests with the State Government
to grant or refuse the superior status for
reasons to be recorded on consideration of
relevant factors as mentioned in Paragraph
258 of the Jail Manual. He also can not
deny that the accused-opposite party is
facing the trial for offences under ChapterXVI and if such a person is accused of
offences under Chapter-XVI, ordinarily he
should not be recommended for superior
class.

10. I have considered the submissions
advanced on behalf of the learned counsel
for the parties and perused the record.

11. The accused-opposite party is the
known gangster, a dreaded criminal and
bahubali. Following criminal cases have
been
registered
against
the
accusedopposite party:-

"1. NCR No.219 of 1978, under
section 506 IPC;

2. Case Crime No.169 of 1986,
under Section 302 IPC,

3. Case Crime No.106 of 1988,
under Section 302 IPC,

4. Case Crime No.410 of 1988,
under Sections 147, 148, 149, 302 and 307
IPC,
5 All. State of U.P. Vs. Mukhtar Ansari
13

5. NCR No.233 of 1988, under
Sections 504 and 506 IPC,

6. Case Crime No.124 of 1990,
under Sections 364, 395 and 397 IPC,

7. Case Crime No.399 of 1990,
under Sections 147, 148, 149 and 307 IPC,

8. Case Crime No.682 of 1990,
under Sections 147 and 506 IPC,

9. Case Crime No.266 of 1990,
under Sections 467, 468, 420, 120-B IPC,

10. Case Crime No.44 of 1991,
under Section 302 IPC,

11. Case Crime No.172 of 1991,
under Sections 147, 148 and 302 IPC,

12. Case Crime No.294 of 1991,
under Sections 307 and 302 IPC,

13. Case Crime No.229 of 1991,
under Sections 147, 148, 149 and 302 IPC,

14. Case Crime No.456 of 1993,
under Sections 365 and 387 IPC,

15. Case Crime No.503 of 1993,
under Section 5 TADA,

16. Case Crime No.834 of 1995,
under Sections 353, 504 and 506 IPC,

17. Case Crime No.165 of 1996,
under Sections 323, 352 and 307 IPC,

18. Case Crime No.192 of 1996,
under Section 3(1) U.P. Gangster Act,

19. Case Crime No.264 of 1996,
NSA,

20. Case Crime No.237 of 1996,
under Sections 120, 135, 136 Lo.Pra.Adhi.;

21. Case Crime No.19 of 1997,
under Sections 364A, 365, 302, 120-B and
34 IPC;

22. NCR No.19 of 1997, under
Section 506 IPC,

23. Case Crime No.121 of 1997,
under Section 364A IPC;

24. Case Crime No.377 of 1997,
under Section 506 IPC;

25. Case Crime No.58 of 1998,
NSA;

26. Case Crime No.33 of 1999,
NSA;

27. Case Crime No.17 of 1999,
under Section 506 IPC;

28. Case Crime No.60 of 1999,
under Sections 419, 420, 109 and 120-B
IPC;

29. Case Crime No.106 of 1999,
under Sections 307, 302 and 120-B IPC;

30. Case Crime No.126 of 1999,
under Section 506 IPC;

31. Case Crime No.428 of 1999,
under Section 2/3 U.P. Gangster Act;

32. Case Crime No.66 of 2000,
under Sections 147, 336, 353 and 506 IPC;

33. Case Crime No.209 of 2002,
under Section 3/7/25 Arms Act;

34. Case Crime No.131 of 2003,
under Sections 353, 504 and 506 IPC;

35. Case Crime No.9A of 2004,
under Sections 147, 148, 149, 307 IPC;

36. Case Crime No.808 of 2004,
under Sections 147, 148, 149, 393, 307,
507,

506, 504 and 342 IPC;

37. Case Crime No.493 of 2005,
under Sections 302, 506 and 120-B IPC;

38. Case Crime No.589 of 2005,
under Sections 147, 148, 149, 302, 307,
404,

120-B
IPC
and
Section
7
Criminal Law amendment Act;

39. Case Crime No.1580 of 2005,
under Sections 147, 148, 149, 302, 435,
436, 153A IPC;

40. Case Crime No.1051 of 2007,
under Section Gangster Act;

41. Case Crime No.361 of 2009,
under Sections 302, 120-B IPC and Section
7 Criminal Law Amendment Act;

42. Case Crime No.1182 of 2009,
under Sections 307, 506 and 120-B IPC;

43. Case Crime No.66 of 2009,
under Section 3 Makoka Act;

44. Case Crime No.1866 of 2009,
under Sections 147, 148, 149, 307, 302,
14 INDIAN LAW REPORTS ALLAHABAD SERIES
325, 404, 120-B IPC and Section 7
Criminal Law Amendment Act;

45. Case Crime No.399 of 2010,
under Sections 302, 307, 120-B, 34 IPC,
Section 7 Criminal Law Amendment act
and Section 25 Arms Act;

46. Case Crime No.482 of 2010,
under Section 3(1) U.P. Gangster Act;

47. Case Crime No.891 of 2010,
under U.P. Gangster Act;

48. Case Crime No.20 of 2014,
under Section 147, 148, 149, 302, 307, 506,

120-B
IPC
and
Section
7
Criminal Law Amendment Act;

49. Case Crime No.05 of 2019,
under Sections 386 and 506 IPC;

50. Case Crime No.04 of 2020,
under Sections 419, 420, 467, 468, 471,
120B IPC Section 30 Arms Act;

51. Case Crime No.160 of 2020,
under Section 3(1) U.P. Gangster Act;

52. Case Crime No.236 of 2020,
under Sections 468, 471, 120-B IPC and
Section 3 Sa.Sa.Nu, Adhi;

53. Case Crime No.55 of 2021,
under Section 3(1) U.P. Gangster Act;

54. Case Crime No.369 of 2021,
under Sections 419, 420, 467, 468, 471,
120-B, 506, 177 IPC and Section 7
Criminal Law Amendment Act;

55. Case Crime No.121 of 2021,
under Section 25/26 Arms Act;

56. Case Crime No.185 of 2021,
under Sections 419, 420, 467, 468, 471 and
120-B IPC;

57. Case Crime No.287 of 2022,
under Section 3(1) Gangster Act; and

58. Case Crime No.08 of 2022,
under Section 3(1) Gangster Act.?

12. Considering the aforesaid facts and
the legal position, I am of the view that the
order impugned in the present petition is
not only without jurisdiction but also
unsustainable on merits, therefore, the same
is liable to be set aside.

13. Thus, the petition is allowed and
the impugned order dated 15.3.2022 passed
by
the
First
Additional
Sessions
Judge/Special Judge, MP/MLA, Ghazipur
in Session Trial No10-A of 2010, arising
out of Case Crime No.1182 of 2009, under
Sections 307, 506 and 120-B IPC, Police
Station Mohammadabad, District Ghazipur,
is hereby set aside.
----------
(2023) 5 ILRA 14
ORIGINAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 04.04.2023

BEFORE

THE HON'BLE SHIV SHANKER PRASAD, J.

Application U/S 482 No. 3559 of 2023

Shabana Bano ...Applicant
Versus
State of U.P. & Anr. ...Opposite Parties

Counsel for the Applicant:
Sri Shobhit Pratap Singh, Sri Mujeeb Khan,
Sri Naveen Kumar

Counsel for the Opposite Party:
G.A.

(A) Criminal Law - The Code of Criminal
Procedure, 1973 - Section 482 - Inherent
power
-
Sections125
-
Order
for
maintenance of wives , children and
parents , Section126(2) - Proceedings
under section 125 may be taken against
any person in any district - where he or his
wife
resides
,
The
Code
of
Civil
Procedure,1908
-
Section
11
-
Res
Judicata - an issue heard and finally
decided by a Court of limited jurisdiction,
competent to decide such issue, shall
operate as res judicata in a subsequent
suit - In the proceedings initiated by the