Allahabad High Court
Rakesh Yadav And Another vs State Of U.P And Another on 29 February, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:36192
Court No. - 89
Case :- APPLICATION U/S 482 No. - 38433 of 2023
Applicant :- Rakesh Yadav And Another
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Ram Chandra Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
By moving this application under Section 482 of Cr.P.C., the prayer is made to quash the entire criminal proceedings arising out of charge-sheet No.1 of 2022 dated 23.12.2022 in Case Crime No.395 of 2022, under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali Jiyanpur, District- Azamgarh. Prayer is also made to quash cognizance order dated 16.01.2023 passed by the ASJ/ Gangster Court No.4, Azamgarh.
It is submitted by the learned counsel for the applicants that in the gang chart only one case that only under Sections 504 and 506 IPC is shown pending against the applicants and in that case also, the first informant has not supported the prosecution version. During investigation, no bank account of the applicants have been found in the Bank of Baroda and State Bank of India nor any sale deed in favour of the applicants is found, as per the statement of the Registrar concerned so it is clear that the applicants have not gained anything from any anti social activities, hence, the prayer is made accordingly.
Learned A.G.A., however, opposed the prayer and submitted that the Investigating Officer has filed the charge-sheet against the applicants after recording the statements of the witnesses and collecting required evidence against the applicants.
From the perusal of the record, it is found that on the basis of one case shown in the gang chart, case under Gangster Act was imposed upon the applicants. It is true that as per the statements of the first informant in the only case shown against the applicants in the gang-chart he has not supported the prosecution version, but at the same time it is also the law that only on the basis of the hostile evidence the Court is not bound to acquit the alleged accused. Even on the hostile evidence judgment of conviction can very well be passed. The counsel for the applicants have placed before the Court the negative evidence of the report of the revenue department that the applicants have no property in their names and that the applicants have no bank accounts in the State Bank of India and Bank of Baroda.
In the opinion of the Court, on the basis of the negative evidence the proceedings of the case under Gangster Act cannot be quashed.
The Investigating Officer by collecting the evidence has filed the charge-sheet against the applicants, which in the opinion of the Court, cannot be quashed on the basis of the hostile evidence of witnesses or on the basis of the negative evidence produced before the Court by the counsel for the applicants.
So far as the impugned cognizance order dated 16.01.2023 is concerned, on the basis of the charge-sheet the trial court has taken cognizance against the applicants under sections of Gangster Act and the charge-sheet has been filed by the Investigating Officer after collecting the evidence against the applicants.
In the opinion of the Court, no sufficient cause is found to quash the cognizance order or to quash the entire criminal proceedings against the applicants arising out of the charge-sheet No.1 of 2022 dated 23.12.2022 in Case Crime No.395 of 2022 under the aforesaid sections.
The application under section 482 of Cr.P.C. is, thus, dismissed.
It is submitted by the learned counsel for the applicants that the applicants are the unemployed students having no other criminal history except the case shown in the gang chart. Hence, the trial court is directed to expedite the hearing and decide the aforesaid case, as expeditiously as possible, preferably within a period of six months from the date of production of the certified copy of this order before the court concerned.
Order Date :- 29.2.2024
Radhika
