Facts of the Case

This is not a GST case, despite a 'GST' abbreviation appearing in the case citation. The applicant filed an application under Section 482 of the CrPC seeking to quash a charge sheet dated 24.03.2023 arising out of Case Crime No. 87 of 2022, registered under Sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, at Police Station Madhaugarh, District Jalaun, as well as related summoning and non-bailable warrant orders passed by the trial court in 'Gst No. 07/2023, State Vs. Shivam Gurjar @ Shrawan Singh and others' — here, 'Gst' is the trial court's internal abbreviation for a Gangster Suit Trial number, not the Goods and Services Tax.

At the hearing, the applicant's counsel made a statement that he did not wish to press the other prayers in the application, and that the applicant was ready to surrender before the trial court and seek bail, relying on the Supreme Court's ruling in Satender Kumar Antil v. Central Bureau of Investigation [(2022) 10 SCC 51].

Issues Involved

  1. Whether the charge sheet and related orders under the UP Gangsters Act should be quashed.
  2. In light of the applicant's decision not to press that relief, what direction should be given regarding his surrender and consideration for bail.

Petitioner's (Applicant's) Arguments

  • The applicant chose not to press the prayer for quashing and instead offered to surrender before the trial court and seek bail, relying on the principles laid down in Satender Kumar Antil.

Respondent's Arguments

  • The learned A.G.A. had no objection to the applicant's request not to press the other prayers made in the application.

Court Order / Findings

  • Recording the applicant's statement, the Court directed that if the applicant appears before the trial court within three weeks and seeks bail, his release be considered in light of the law laid down by the Supreme Court in Satender Kumar Antil v. CBI.
  • The application under Section 482 CrPC was accordingly finally disposed of with these observations, without any decision on the validity of the charge sheet or the Gangsters Act proceedings themselves.

Important Clarification

The 'Gst' reference in the case title ('Gst No. 07/2023') is the trial court's own case-numbering convention for a Gangster Suit Trial and has nothing to do with the Goods and Services Tax. This is purely a criminal-procedure order concerning surrender and bail consideration under the UP Gangsters Act.

Sections Involved

  • Section 482 of the Code of Criminal Procedure, 1973
  • Sections 2 and 3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986

Decision – In Favour of

Disposed of without a decision on merits — the quashing prayer was not pressed, and the applicant was directed to surrender and seek bail, with the trial court to consider it per Supreme Court guidelines.

Case Details

Court: High Court of Judicature at Allahabad
Case No.: Application U/S 482 No. 31733 of 2023
Neutral Citation: 2023:AHC:173090
Coram: Hon'ble Rajiv Gupta, J.
Date of Order: 28.08.2023

Link to Download the Order

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