JUDGMENT :

1. Heard Sri Rakesh Dubey, learned counsel appearing for the petitioners and learned A.G.A. for the State-respondents.

2. Facts of Writ Petition No. 16983 of 2022 is being referred to for the sake of convenience.

3. Petitioners by the instant writ petition, seek quashing of FIR bearing Case Crime No. 0424 of 2022 lodged under Section 3(1) of the The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (For short ‘Gangster Act’) at Police Station-Bhognipur, District Kanpur Dehat. The FIR came to be lodged by the In-charge Inspector P.S. Bhognipur, wherein, the second petitioner has been shown as the gang leader along with ten other members of the gang, including, first and third petitioners. Against the second petitioner/gang leader three base cases have been included in the gang-chart, whereas, against the first and second petitioners one base case have been shown. In Writ Petition No. 18326 of 2022, the petitioner is at serial no. 6 of the gang-chart and two cases have been shown against him.

4. It is alleged in the FIR that the petitioners, along with other members, are operating as a gang and have committed offence under Section 302 IPC and other economic offences on the basis of forged and manufactured documents. They indulged in antisocial activities, thereby, creating fear and terror amongst the public; it is alleged that due to fear of the gang no member of the public is prepared to come forward and depose against the gang leader and gang members. Police report (charge-sheet) has been filed in the base cases against the petitioners and from the input collected by the Investigating Officer, it has become incumbent in public interest to prosecute the petitioners under the Gangster Act so as to prevent them from indulging in antisocial activities or committing further organized crime.

5. The first petitioner, has been shown as a gang member, claims to be qualified, having B.Tech (Mechanical) degree and a degree in Law, and is aged about 27 years. The second petitioner is the gang leader, claims to be a practising lawyer at District Court Bhognipur, District Kanpur Dehat, for the last 20 years, and the third petitioner is a gang member.

6. The following cases have been registered against the second petitioner/gang leader :-

Crime Case No. 98 of 2022 under Section 302, 394, 504, 506, 34, 120B IPC, P.S. Bhognipur, District Kanpur Dehat, Case Crime No. 190 of 2021 under Sections 420, 467, 468, 471, 323, 504, 506 IPC, P.S. Bhognipur, District Kanpur Dehat & Case Crime No. 173 of 2019 under Sections 420, 467, 468, 471 IPC, P.S. Bhognipur, District Kanpur Dehat.

7. Learned counsel for the petitioners submits that registration of the impugned FIR rests on the base case noted in the gang-chart. It is urged that before lodging of the impugned FIR, the mandatory provisions of the U.P. Gangster and Anti Social Activities (Prevention) Rules, 2021 (for short ‘Gangster Rules), in particular, Rules, 5, 8, 10 and 12 have not been followed in its true spirit, further, it is urged that petitioners would not be covered within the definition of ‘gang’ as defined under Section 2(b) of Gangster Act.

8. It is further submitted that in Case Crime No. 98 of 2022, the second petitioner is not nominated, however, during investigation the name of the first and second petitioner surfaced. In case Crime No. 173 of 2019, on further investigation a supplementary charge-sheet came to be filed against the gang leader. In case Case Crime No. 190 of 2021, the second petitioner is nominated, wherein, it is alleged that the accused, therein, are trying to procure the property of the informant on the basis of forged document.

9. In case Crime No. 173 of 2019 and Case Crime No. 190 of 2021 the second petitioner has obtained bail/anticipatory bail. It is further urged that sub-rule (3) of Rule 5 mandates that the gang-chart would not be approved summarily but after due discussion in a joint meeting of the officials has not been complied.

10.