High Court

accused persons. The said FIR under the Gangster Act has been lodged in pursuance of the gang chart dated 29.01.2024 in which the applicant is at serial no.1 and against the applicant one criminal case has been shown under Sections 147, 149, 323, 504, 506, 304, 427 and 120-B IPC.

3. It is further submitted that in the gang chart case shown against the applicant, an FIR was lodged on 13.05.2023 enclosed as Annexure No.7 by the complainant- Smt. Anta Devi against six accused persons for the murder of her father-in-law. In the said FIR, the applicant is not named and his name has been cropped up for the first time after the statement of one Shri Vijay Mishra (Vinay Mishra), the real uncle of Rinku and Monu, the named accused persons in the FIR dated 13.05.2023 lodged by Smt. Anta Devi. The police during the investigation, merely on the basis of the statement of the uncle of Rinku and Monu, the accused persons dropped their names and falsely added the name of the applicant.

4. It is further submitted that in the statement of the complainant- Smt. Anta Devi and her husband i.e. the son of the deceased were recorded in the said criminal case, wherein they have stated that the applicant is not involved in the present case and he has nothing to do with the murder of their father-in-law and father respectively.

5. It is further submitted that Smt. Anta Devi had also approached this Court by filing a Criminal Misc. Writ Petition No.6326 of 2023 with a prayer for issuance of direction commanding the respondent nos.1 to 4 to investigate the matter in a fair and proper manner and with a further prayer to transfer the investigation of the case to other agency for proper inquiry/ investigation of the case. The said writ petition was disposed of vide judgment and order dated 11.08.2023 with a direction to Smt. Anta Devi to make a fresh representation to the Superintendent of Police, if such an application is made, the Superintendent of Police shall call for a report and then pass appropriate orders in accordance with law.

6. It is further submitted that when the judgment and order dated 26.09.2023 was not complied with, then Smt. Anta Devi has filed a Contempt Application (Civil) No.3130 of 2023 in which the notices have been issued by order dated 26.09.2023, the copy of which has been enclosed as Annexure No.20 to the present application in which the judgment and order passed by the writ court has also been quoted.

7. It is further submitted that the complainant- Smt. Anta Devi and her husband are saying time and again before every authority and before this Court that the applicant is not involved in the murder of their father-in-law and father respectively but the police in place of grabbing the actual culprits is after the applicant.

8. It is further submitted that when the complainant of the Case Crime No.233 of 2023 brought all these facts before the police authorities and the court then an FIR was lodged against the applicant under Section 3 (1) of the Gangster Act placing reliance on the same Case Crime No.233 of 2023 in which there is no involvement of the applicant as stated by the complainant of that case herself.

9. On the other hand, learned A.G.A. has submitted that the applicant has a criminal history of 12 more cases and in one of the matter no relief has been granted to the applicant by the Hon'ble Supreme Court and provided the copies of the order passed by this Court and passed by the Hon'ble Supreme Court, which are taken on record.

10. In reply thereto, the learned counsel for the applicant has submitted that to the best of his knowledge there were only eight criminal cases against the applicant and in all the cases the applicant has already been acquitted and the details have been given in para 54 of the affidavit filed alongwith the present application, except one case i.e. Case Crime No.233 of 2023 which is the case on the basis of which the Gangster Act has been invoked upon the applicant.

11. After hearing the learned counsel for the applicant and the learned A.G.A., it is found that with the inclusion of the name of the applicant in the gang chart on the basis of the single Case Crime No.233 of 2023 under Sections 147, 149, 323, 504, 506, 304, 427 and 120-B IPC and in pursuance thereof the FIR was lodged on 02.02.2024 under Section 3 (1) of the Gangster Act.

12. The judgment of this court and Hon'ble Supreme Court provided by the learned A.G.A. during the course of argument, it is found that earlier the applicant had approached this Court by filing a Criminal Misc. Writ Petition No.2133 of 2024 for the quashing of the FIR and after the filing of the charge-sheet, this Court has passed an order dated 16.12.2024, which is quoted here-in-below:- "Heard Sri Dharm Raj Mishra , learned counsel for the petitioner and learned A.G.A. for the State. Learned A.G.A., on the basis of instructions, states that in this case, charge sheet has been filed in Court. In view thereof, no further orders are required to be passed in the present writ petition. Accordingly, the present writ petition is consigned to record. This of course is without prejudice to the rights of the petitioner to challenge the charge sheet or to take appropriate available remedy as per law. Interim order, if any, stands discharged. "

13. Against which the SLP was preferred which was also dismissed vide order dated 20.01.2025, which is quoted here-in- below:- "1) After hearing learned counsel for the petitioner, we see no reason and ground to interfere with the order impugned. Accordingly, the special leave petition is dismissed. Pending application(s), if any, shall stand disposed of."

14. So the adverse order as stated by the learned A.G.A. is not in actual is not actually an adverse order on merits against him but after the filing of the charge-sheet, the writ petition was dismissed to avail the appropriate remedy as may be permissible under the law i.e. the proceedings under Section 482 Cr.P.C. so the dismissal of the SLP does not amount to any adverse order against the applicant.

15. At this stage, learned State Counsel prays for and is granted three weeks' time for filing counter affidavit and two weeks' time for rejoinder affidavit thereafter.

16. Till the next date of listing, no coercive action shall be taken against the applicant.

17. List thereafter. Order Date :- 26.3.2025 Mohd. Sharif

accused persons. The said FIR under the Gangster Act has been lodged in pursuance of the gang chart dated 29.01.2024 in which the applicant is at serial no.1 and against the applicant one criminal case has been shown under Sections 147, 149, 323, 504, 506, 304, 427 and 120-B IPC.

3. It is further submitted that in the gang chart case shown against the applicant, an FIR was lodged on 13.05.2023 enclosed as Annexure No.7 by the complainant- Smt. Anta Devi against six accused persons for the murder of her father-in-law. In the said FIR, the applicant is not named and his name has been cropped up for the first time after the statement of one Shri Vijay Mishra (Vinay Mishra), the real uncle of Rinku and Monu, the named accused persons in the FIR dated 13.05.2023 lodged by Smt. Anta Devi. The police during the investigation, merely on the basis of the statement of the uncle of Rinku and Monu, the accused persons dropped their names and falsely added the name of the applicant.

4. It is further submitted that in the statement of the complainant- Smt. Anta Devi and her husband i.e. the son of the deceased were recorded in the said criminal case, wherein they have stated that the applicant is not involved in the present case and he has nothing to do with the murder of their father-in-law and father respectively.

5. It is further submitted that Smt. Anta Devi had also approached this Court by filing a Criminal Misc. Writ Petition No.6326 of 2023 with a prayer for issuance of direction commanding the respondent nos.1 to 4 to investigate the matter in a fair and proper manner and with a further prayer to transfer the investigation of the case to other agency for proper inquiry/ investigation of the case. The said writ petition was disposed of vide judgment and order dated 11.08.2023 with a direction to Smt. Anta Devi to make a fresh representation to the Superintendent of Police, if such an application is made, the Superintendent of Police shall call for a report and then pass appropriate orders in accordance with law.

6. It is further submitted that when the judgment and order dated 26.09.2023 was not complied with, then Smt. Anta Devi has filed a Contempt Application (Civil) No.3130 of 2023 in which the notices have been issued by order dated 26.09.2023, the copy of which has been enclosed as Annexure No.20 to the present application in which the judgment and order passed by the writ court has also been quoted.

7. It is further submitted that the complainant- Smt. Anta Devi and her husband are saying time and again before every authority and before this Court that the applicant is not involved in the murder of their father-in-law and father respectively but the police in place of grabbing the actual culprits is after the applicant.

8. It is further submitted that when the complainant of the Case Crime No.233 of 2023 brought all these facts before the police authorities and the court then an FIR was lodged against the applicant under Section 3 (1) of the Gangster Act placing reliance on the same Case Crime No.233 of 2023 in which there is no involvement of the applicant as stated by the complainant of that case herself.

9. On the other hand, learned A.G.A. has submitted that the applicant has a criminal history of 12 more cases and in one of the matter no relief has been granted to the applicant by the Hon'ble Supreme Court and provided the copies of the order passed by this Court and passed by the Hon'ble Supreme Court, which are taken on record.

10. In reply thereto, the learned counsel for the applicant has submitted that to the best of his knowledge there were only eight criminal cases against the applicant and in all the cases the applicant has already been acquitted and the details have been given in para 54 of the affidavit filed alongwith the present application, except one case i.e. Case Crime No.233 of 2023 which is the case on the basis of which the Gangster Act has been invoked upon the applicant.

11. After hearing the learned counsel for the applicant and the learned A.G.A., it is found that with the inclusion of the name of the applicant in the gang chart on the basis of the single Case Crime No.233 of 2023 under Sections 147, 149, 323, 504, 506, 304, 427 and 120-B IPC and in pursuance thereof the FIR was lodged on 02.02.2024 under Section 3 (1) of the Gangster Act.

12. The judgment of this court and Hon'ble Supreme Court provided by the learned A.G.A. during the course of argument, it is found that earlier the applicant had approached this Court by filing a Criminal Misc. Writ Petition No.2133 of 2024 for the quashing of the FIR and after the filing of the charge-sheet, this Court has passed an order dated 16.12.2024, which is quoted here-in-below:- "Heard Sri Dharm Raj Mishra , learned counsel for the petitioner and learned A.G.A. for the State. Learned A.G.A., on the basis of instructions, states that in this case, charge sheet has been filed in Court. In view thereof, no further orders are required to be passed in the present writ petition. Accordingly, the present writ petition is consigned to record. This of course is without prejudice to the rights of the petitioner to challenge the charge sheet or to take appropriate available remedy as per law. Interim order, if any, stands discharged. "

13. Against which the SLP was preferred which was also dismissed vide order dated 20.01.2025, which is quoted here-in- below:- "1) After hearing learned counsel for the petitioner, we see no reason and ground to interfere with the order impugned. Accordingly, the special leave petition is dismissed. Pending application(s), if any, shall stand disposed of."

14. So the adverse order as stated by the learned A.G.A. is not in actual is not actually an adverse order on merits against him but after the filing of the charge-sheet, the writ petition was dismissed to avail the appropriate remedy as may be permissible under the law i.e. the proceedings under Section 482 Cr.P.C. so the dismissal of the SLP does not amount to any adverse order against the applicant.

15. At this stage, learned State Counsel prays for and is granted three weeks' time for filing counter affidavit and two weeks' time for rejoinder affidavit thereafter.

16. Till the next date of listing, no coercive action shall be taken against the applicant.

17. List thereafter. Order Date :- 26.3.2025 Mohd. Sharif