Khan and Anr. Vs. State of U.P. and Ors.
 Insc 120 (1
Arijit Pasayat & P. Sathasivam
out of SLP (Crl.) No. 1409 of 2006) Dr. ARIJIT PASAYAT, J.
Challenge in this appeal is to the order of a Division Bench of the Allahabad
High Court dismissing the Writ Petition filed by the appellant.
facts in a nutshell are as follows:
Petition was filed before the High Court for quashing the First Information
Report (in short the FIR) lodged for alleged commission of offences
punishable under Sections 420 and 424 of the Indian Penal Code, 1860 (in short
the IPC) and Sections 2 and 3 of the U.P. Gangsters and Anti- Social
Activities (Prevention) Act, 1986 (in short the Prevention Act). The
stand in the writ petition was that even if the FIR is taken at its face value,
there is no scope for holding that the appellants committed cheating or an
offence punishable under the Prevention Act. At the most it may make out a case
for evasion of tax for which action is permissible under the concerned Trade
Learned counsel for the respondents on the other hand submitted that in the
cases referred to, a Division Bench of the High Court had disposed of large
number of cases involving more or less similar prayers to quash the FIR in each
case. It is pointed out that the High Court had categorised different type of
cases and one of such categories was where no previous case was pending under
any other law prior to initiation of investigation under the Prevention Act. It
is also submitted that the appellants case falls within the following
parameters and guidelines formulated by the High Court:
is expected that the investigation will be completed by the police within the
prescribed limit under the general law i.e. Section 167 of Code of Criminal
Procedure, 1973 by filing the charge-sheet or final report, if the accused is
in custody within that period;.
is expected that the Special Court will conclude the hearing of the cases, where
rate of crime is not so higher by applying a summary procedure preferably
within a period of 3-6 months from the date of filing the charge-sheet before
the Court depending upon the facts and circumstances of each case;
case of pendency of Appeal/Revision/Review by an accused, Special Court will be empowered to split up the
file in respect of other co-accused to avoid delay in hearing the case;
any person applied or surrendered or produced before the Court in connection
with the matters where rate of crime is not higher, the Special Court expeditiously dispose it of
following the principles as laid down in Smt. Amarawati and Anr. vs. State of U.P.
case the Special Court found that the crime case is not so
negligible nor the rate of crime is lower in nature, it will proceed strictly
in accordance with law;
will be solemn duty of the Special Courts and the police authorities to follow
the guidelines for the sake of investigation viz-a-viz personal liberties.
order of the High Court does not show as to how the ratio of the decision in a
batch of writ petitions disposed of had any application or relevance so far as
the present case is concerned.
the aforesaid circumstances, we set aside the impugned order of the High Court
and remit the matter to it to consider as to how the facts involved in Writ
Petition No.10500 of 2005 and/or the ratio of that decision had any relevance
so far as the present dispute is concerned. We make it clear that we have not
expressed any opinion on the merits of the case.
appeal is allowed.