Full Judgment Text
2023 INSC 681
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2338 OF 2023
(Arising out of S.L.P. (Criminal) No. 9729 of 2018)
MOHMOOD ALI …APPELLANT(S)
VERSUS
STATE OF U.P. & ORS. …RESPONDENT(S)
J U D G M E N T
J.B. PARDIWALA, J. :
1. Leave granted.
2. This appeal arises from an order dated 05.10.2018
passed by the High Court of Judicature at Allahabad in the
Criminal Miscellaneous Writ Petition No. 28080 of 2018 filed by
the appellant herein by which the High Court rejected the Writ
Petition and thereby declined to quash the First Information
Report (FIR) No. 165 of 2018 dated 22.07.2018 registered at
the Police Station Mirzapur, District Saharanpur, State of U.P.
Signature Not Verified
Digitally signed by
Charanjeet Kaur
Date: 2023.08.08
15:45:16 IST
Reason:
for the offences punishable under Sections 2 and 3 respectively
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of the Uttar Pradesh Gangsters and Anti-Social Activities
(Prevention) Act, 1986.
FACTUAL MATRIX
3. The FIR dated 22.07.2018 reads thus:-
“The complainant made oral statement that on today
dated 22.07.2018 during the patrolling, I with Yogesh
Sharma, constable 1852 Ankush Kumar, Jeep Driver
Constable 1877 Navin Kumar for taking care of public
order, patrolling and searching for wanted accused,
came to know that under area of police station, the
accused Haji Iqbal @ Balal son of Mohd. Abdul Wahid
R/o Village- Mirjapurpole, PS. Mirjapur, District.
Saharanpur, has formed a united strong gang. In his
gang has Mahmood Ali Son of Mohd. Abdul Wahid,
Abdul Wajid Son of Haji Iqbal @ Bala and Javed son
of Haji Iqbal @ Bala R/o R/o Village- Mirjapurpole, PS.
Mirjapur, District. Saharanpur, are active member. This
gang by spreading terror and creating fear in public
have taken unlawful possessions of the land and
giving threat of killing the. In the public there is so
much fear of these people that ordinarily no one have
the courage to report in police station and give
evidence against them. The accused commit crime
under chapter 5A, 17 and 22 of IPC. On the basis of
received information and on the basis of criminal
history of gang leader Iqbal @ Balal and members
gangchart was prepared and sent to District
Magistrate, Saharanpur for approval, which approval
was received later. The criminal history of the accused
is as under; 1. Haji Iqbal @ Bala son of Mohd. Abdul
Wahid above mentioned, 1. Case crime no. 65/18
section 447, 506, and 120B IPC, 2. Case Crime No.
196/17 sections 420, 406 and 506 IPC, 2-Mahmood
Ali S/o Mohd. Abdul Wahid above mentioned, 1-Case
Crime No. 65/18 sections 447, 504 and 120B IPC, 3-
Abdul Wajid S/o Haji Iqbal @ Bala above mentioned,
1- Case Crime No. 196/17 section 420, 406, 506 IPC,
2- Case Crime No. 318/17 section 447 IPC, 4-Javed
S/o Haji Iqbal @ Bala above mentioned, 1-Case Crime
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No. 65/18 sections 447, 506, 120B IPC. To control the
criminal activities of the accused and to create a
fearless environment in the public against gang leader
Iqbal @ Bala above mentioned and gang member
Mahmood Ali, Abdul Wajid and Javed above named,
offence under section 2/3 of Gangster Act is being got
registered.”
4. Mr. Siddhartha Dave, the learned senior counsel
appearing for the appellant herein pointed out that in the Case
Crime No. 165 of 2018, the investigation officer on completion
of the investigation filed a final report dated 08.05.2019 and
one another final report based on a Supplementary Report
dated 04.09.2020 in the Miscellaneous Case (Final Report) No.
1 of 2019 before the Special Judge (Gangster Act)/Additional
Sessions Judge, Room No. 8, Saharanpur. He further pointed
out that vide order dated 23.12.2020, the Additional Sessions
Judge accepted the final report filed by the investigation officer
in Case Crime No. 165 of 2018 and closed the proceedings. It
has been brought to our notice on behalf of the appellant that
the final report has not been challenged by the original first
informant.
5. Thus, it appears that after the High Court rejected the
Criminal Miscellaneous Writ Petition No. 28080 of 2018 filed
by the appellant herein, the final report was filed by the
investigation officer stating that no case was made out to
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proceed against the appellant for the alleged offences. The said
final report having been accepted by the Additional Sessions
Judge vide order dated 23.12.2020, nothing more requires to
be adjudicated upon in the present matter.
6. In view of the aforesaid, this appeal stands disposed of.
7. It is needless to clarify that the observations made in
this judgment are relevant only for the purpose of the FIR in
question and the consequential criminal proceedings. None of
the observations shall have any bearing on any of the pending
criminal prosecutions or any other proceedings.
………………………………..J.
( B.R. GAVAI )
………………………………..J.
( J.B. PARDIWALA )
NEW DELHI;
AUGUST 08, 2023
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