Facts of the Case

This case is a criminal quashing petition under Section 482 of the Code of Criminal Procedure and has nothing to do with Goods and Services Tax, despite the record referring to 'GST No. 35 of 2023' — in this context, 'GST' stands for Gangster Special Trial, the abbreviation used for special trials under the U.P. Gangster and Anti-Social Activities (Prevention) Act. The applicant, Sheetoo @ Vinod Chaturvedi, sought quashing of a charge-sheet and summoning order arising from FIR No. 006 of 2022 registered under Sections 2/3 of the U.P. Gangster Act at Police Station Mau, District Chitrakoot. The applicant's name appeared in the cognizance order dated 12.01.2023, but he had not actually been summoned.

Issues Involved

  1. Whether the applicant, whose name appeared in the cognizance order but who had not been summoned, was entitled to any relief or clarification.

Petitioner's Arguments

  • Though named in the cognizance order dated 12.01.2023, the applicant had not been summoned in the corresponding summoning order, creating uncertainty about his status in the case.

Respondent's Arguments

  • Comments obtained from the Additional District Judge/Fast Track Court, Chitrakoot clarified that the applicant was not summoned because of an operative stay on arrest, and that summons were issued to others only after 09.02.2023.

Court Order / Findings

  • The Court noted that, as per the trial court's comments, the applicant had still not been summoned till the date of the order.
  • The application was disposed of with liberty to the applicant to approach the Court again in case he is summoned in the future.

Important Clarification

The key clarification here is simply terminological: 'GST' in the case caption ('GST No. 35 of 2023') refers to the Gangster Special Trial case number under the UP Gangster Act, not to Goods and Services Tax. This order provides no tax law guidance of any kind — it is purely a criminal procedure matter.

Sections Involved

  • Code of Criminal Procedure, 1973, Section 482
  • U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Sections 2 and 3

Decision – In Favour of

Disposed of without a decision on merits — the applicant was given liberty to return to the Court if and when he is actually summoned.

Case Details

  • Court: High Court of Judicature at Allahabad
  • Case Number: Application U/S 482 No. 5696 of 2023
  • Neutral Citation: 2023:AHC:120636
  • Coram: Justice Manju Rani Chauhan
  • Date of Order: 30.05.2023

Link to Download the Order

Click here to view/download the full order

Disclaimer

This content is shared strictly for general information and knowledge purposes only. Readers should independently verify the information from reliable sources. It is not intended to provide legal, professional, or advisory guidance. The author and the organisation disclaim all liability arising from the use of this content. The material has been prepared with the assistance of AI tools.