IMPORTANT POINT
Criminal activities – Refusal to quash FIR – When a particular thing is to be done, it should be done in the manner stipulated; statutorily prescribed, or not at all – Especially when at stake is liberty of an individual, precious to all and possible of breach only in accordance with law.

JUDGMENT :

K. VINOD CHANDRAN, J.

Leave granted.

2. The appeals are filed against the impugned orders declining the prayer for quashing of an FIR and rejecting the review filed against the said order. FIR No.0125 of 2022 dated 28.05.2022 was filed under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as, ‘the Act of 1986’) at the Police Station Kotwali Nagar, District Bahraich. The High Court, after perusal of the Gang Chart produced as Annexure 2, found a number of criminal cases registered against the three different petitioners, one of whom is before us in the above appeals. It was also noticed that all the petitioners before the High Court were in jail, presumably arrested under the various criminal cases pending against them.

3. Under the Act of 1986 the petitioners were alleged to be members of a gang as defined therein indulging in activities specifically of land grabbing, fraudulent land transactions, extortion, voluntarily causing hurt, criminal intimidation, breach of peace, cheating, forgery and so on and so forth, many of which offences singly and together are alleged in the various crimes registered against them. The captioned FIR filed under the Act of 1986 relied solely on the Gang Chart drawn up, which was challenged before the High Court. The High Court noticing the various decisions, on interference in criminal proceedings by quashing the FIR or the charge sheet, found a prima facie case made out against the petitioners including the appellant herein and declined relief.

4. The learned Senior Counsel appearing for the appellant, restricted the challenge to the procedure adopted under the Act of 1986 and the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021 (hereinafter referred to as ‘the Rules of 2021’). Reliance was also placed on Vinod Bihari Lal v. State of Uttar Pradesh , 2025 SCC Online SC 1216. The learned Senior Counsel based on the documents produced in the records would contend that the Gang Chart filed along with the FIR was not in accordance with the prescription in the Rules of 2021, a certified copy of which; obtained from the Court to which the FIR was transmitted from the police station in which it was registered, having no signatures on it.

5. The learned Government Advocate for the State on the other hand, contended that the Nodal Officer who is the Station House Officer had forwarded the Gang Chart to the concerned Court at the first instance, when he had forwarded the same to the Additional Superintendent of Police. The original of the Gang Chart as produced by the appellant himself was specifically pointed out to show the different dates in which the various authorities had signed the same as prescribed under the Rules of 2021. The appellant is the leader of the gang, indulging in so many illegal activities raising threats and intimidation against the general public and is a menace to the society at large is the argument.

6. We would confine ourselves to the contention raised with respect to the prescription and the rules having not been followed to the letter, which is essential and necessary. Annexure P1 is the FIR registered on 28.05.2022 along with which is produced the Gang Chart as transmitted, presumably by the Nodal Officer. A Gang Chart mandates the recommendation of the Nodal Officer and the Additional Superintendent of Police, approved by the Superintendent of Police and the District Magistrate, the recommendations in the written form and the approval by affixing of signatures. Neither are the recom