# Vinod Kumar Mishra v. State of U.P. & Ors - **Citation:** (2023) 6 ILRA 945 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2023-05-23 - **Case number:** Crl. Misc. Writ Petition No. 3831 of 2023 - **Bench:** Anjani Kumar Mishra, Ms. Nand Prabha Shukla - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/vinod-kumar-mishra-v-state-of-u-p-ors-50479 - **Pages:** 3 ## Headnote Law -Writ petition- U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 - Rule 16 of U.P. Gangster and Anti-Social Activities (Prevention) Rules, 2021- Section 3(i) - quashing of the FIR lodged of envisages quick forwarding action-gang chart recommended and forwarded for approval-no unnecessary delay-deduction that rules have not been complied-cannot be made-objective of rules-punish gangsters-establish effective machinery to prevent anti-social activities- allegations in FIR disclose commission of cognizable offence- Petition dismissed. HELD: 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. 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. In view of the aforesaid facts and circumstances, the allegations in the FIR disclose a commission of cognizable offence. No interference is required. The writ petition is, therefore, dismissed. Petition dismissed. (E-14) ## Text 6 All. Vinod Kumar Mishra Vs. State of U.P. & Ors. 945 63. Some of the documents are issued by authorities of the Government of India like PAN card and Passport. Hence there has to be full coordination between the State authorities and the authorities of the Government of India. 64. Secretary, Ministry of Home, Government of India and the Chief Secretary, Government of Uttar Pradesh, Lucknow, shall create appropriate legal and administrative frameworks to ensure that both Governments work in concert to achieve the end of making identity related identity documents consistent and removing anomalies therein. 65. The writ petition is allowed. 66. A copy of this order be placed before the Chief Secretary, Government of Uttar Pradesh, Lucknow and before the Secretary, Ministry of Home, Government of India by the respective counsels for the State and the Union. ---------- (2023) 6 ILRA 945 ORIGINAL JURISDICTION CIVIL SIDE DATED: ALLAHABAD 23.05.2023 BEFORE THE HON'BLE ANJANI KUMAR MISHRA, J. THE HON'BLE MS. NAND PRABHA SHUKLA, J. Crl. Misc. Writ Petition No. 3831 of 2023 Vinod Kumar Mishra ...Petitioner Versus State of U.P. & Ors. ...Respondents Counsel for the Petitioner: Sri Bipin Kumar Tripathi, Sri Anurag Pathak, Sri Harshit Pathak, Sri Shubham Counsel for the Respondents: G.A. Criminal Law -Writ petition- U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 - Rule 16 of U.P. Gangster and Anti-Social Activities (Prevention) Rules, 2021- Section 3(i) - quashing of the FIR lodged of envisages quick forwarding action-gang chart recommended and forwarded for approval-no unnecessary delay-deduction that rules have not been complied-cannot be made-objective of rules-punish gangsters-establish effective machinery to prevent anti-social activities- allegations in FIR disclose commission of cognizable offence- Petition dismissed. HELD: 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. 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. In view of the aforesaid facts and circumstances, the allegations in the FIR disclose a commission of cognizable offence. No interference is required. The writ petition is, therefore, dismissed. Petition dismissed. (E-14) (Delivered by Hon'ble Ms. Nand Prabha Shukla, J.) 1. Heard Sri Anurag Pathak, learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 2. The instant writ petition seeks quashing of the FIR dated 23.02.2023 giving rise to Case Crime No.94 of 2023, under Section 3(i) of U.P. Gangsters and 946 INDIAN LAW REPORTS ALLAHABAD SERIES Anti Social Activities (Prevention) Act, 1986, Police Station-Ramgarh Tal, District- Gorakhpur. 3. The submission of learned counsel for the petitioner is that the petitioner has been falsely implicated due to political influence. It has further been argued that there is non-compliance of certain provisions of U.P. Gangsters and Anti Social Activities (Prevention) Rules, 2021. The due procedure for approval of the gang chart has not been followed. No proper scrutiny has been made before recommending and forwarding the Gang Chart. Apart from the aforesaid contention, it has been submitted that the joint meeting did not take place. 4. Per contra, learned A.G.A. for the State has refuted the aforesaid submissions on the ground that the petitioner is an active member of the gang and has been roped on the basis of charge sheet prepared in two base cases:- (i) Case Crime No. 606 of 2022, under Sections 147, 323, 504, 506, 427, 455, 307 IPC, Police Station Ramgarh Tal, District Gorakhpur, vide charge sheet dated 04.01.2023. (ii) Case Crime No.621 of 2022, under Sections 193, 420, 120-B IPC, Police Station Ramgarh Tal, District Gorakhpur, vide charge sheet dated 06.01.2023. 5. It has been emphasized that Rule 16 of the U.P. Gangsters and Anti Social Activities (Prevention) Rules, 2021 in its general application provides for taking quick forwarding action by the Police Officers while recommending and forwarding the gang-chart. Apart from above, it is relevant to quote Rule 16(3) of the aforesaid Rules, which reads as follows:- "Rule 16....................... (3):- Resolution of the Commissioner of Police/District Magistrate:- When the gang-chart is sent to the Commissioner of Police/District Magistrate along with all the Forms, all the facts will also be thoroughly perused by the Commissioner of Police/District Magistrate and when he is satisfied that the basis of action exists in the case, then he will approve the gangchart stating therein that: "I duly perused the gang-chart and attached Forms in the light of the evidence attached with the gang-chart satisfactory grounds exist for taking action under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The gang chart is approved accordingly." It is noteworthy that the words written above are only illustrative. There is no compulsion to write the same verbatim but it is necessary that the meaning of approval should be the same as the recommendations written above, and it should also be clear from the note of approval marked." 6. Thus, from the perusal of the gangchart dated 20.02.2023, it is apparent that the recommending Police Officers as well as concerned District Magistrate were unanimous. Their implied concurrence as clear from the fact that they had recommended and forwarded the gang chart for approval on the very same date itself as a quick forwarding action. Besides, there is no basis for the submission of counsel for petitioner that no joint meeting was in fact held at the time approval was accorded to the gang-chart. Merely because the approving authority has approved the gang-chart subsequently, it cannot be assumed that no joint meeting took place, 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.