Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 17097 of 2019 Petitioner :- Viparna Gaur Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Dubey Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State-respondents.
The instant petition has been filed by the informant/petitioner invoking extraordinary jurisdiction of this court seeking direction to the respondent no.3 to take steps against the rest of the accused persons, namely, Kamlesh Sharma, Sharvan Gupta and Shraddha Gupta for their prosecution in Case Crime No.268 of 2017, P.S. Ujhani, District Budaun under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 in Case Crime No.268 of 2017, P.S. Ujhani, District Budaun, in accordance with law within stipulated period.
It is submitted by the learned counsel for the petitioner that the petitioner/informant has lodged an FIR on 24.5.2016 which was registered as Case Crime No.337 of 2016 in respect of murder of his sister Km. Sadhna. During the course of investigation, on the basis of the statement of accused Raju, Girish, Mastana and Yasin recorded under Section 161 Cr.P.C., the complicity of three more accused persons, namely, Kamlesh Sharma, Sharvan Gupta and Shraddha Gupta has surfaced, who were in involved in hatching conspiracy of the commission of murder, however, the charge sheet was submitted against 11 accused persons. Thereafter supplementary charge sheet was submitted against the aforesaid three accused persons, namely, Kamlesh Sharma, Sharvan Gupta and Shraddha Gupta. Subsequently, the proceeding under the Gangsters Act has been initiated only against 11 accused persons leaving behind three accused persons, namely, Kamlesh Sharma, Sharvan Gupta and Shraddha Gupta. Hence the petitioner moved an application before the respondent nos.2 & 3 to include the abovementioned three accused persons to be prosecuted under the Gangsters Act along with other co-accused persons.
The S.S.P. Budaun, respondent no.2 arrived at the conclusion that three accused persons, namely, Kamlesh Sharma, Sharvan Gupta and Shraddha Gupta are also liable to be prosecuted under the Gangsters Act. The said letter dated 2.4.2019 has been appended as Annexure-8 of the petition. When no action was taken by the SHO concerned to prosecute the aforesaid three accused persons, the petitioner had made two representations before the S.S.P. Budaun and the concerned SHO on 13.5.2019, yet they are not being prosecuted under the Gangsters Act. Hence a direction may be issued to the concerned police authorities to act in consonance with the direction of the S.S.P., Budaun.
The learned A.G.A. has not opposed the prayer made by the learned counsel for the petitioner.
Having regard to the facts and circumstances of the case, we find substance in the argument of the learned counsel for the petitioner.
The petition is hereby disposed of with the direction that the S.S.P. Budaun shall consider the application/representation of the petitioner dated 13.5.2019 and shall pass an appropriate order/take action in accordance with law expeditiously preferably within one month from the date of production of a certified copy of this order avoiding unnecessary delay on flimsy ground.
Order Date :- 24.6.2019 M. Tariq