JUDGMENT :

1. Heard Sri Meraj Ahmad Khan, learned counsel for the petitioners as well as Sri G.P. Singh, learned A.G.A. for the State respondents.

2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 14.9.2022 registered as Case Crime No. 442 of 2022, under Sections 147, 341, 352, 332, 504, 353, 384, 395 IPC and Section 21 (4) of Mines and Minerals Act and Section 3 Prevention of Damage to Public Property Act and Section 3 (1) of UP Gangster and Anti Social Activities (Prevention Act), 1986, PS Thakurdwara, District Moradabad, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

3. Learned counsel for the petitioners by referring to Rule 5 (3)(c), Rule 8 and Rule 10 of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021 (hereinafter referred to as the 'Rules, 2021), submitted that gang-chart shall not be approved without completion of the investigation of the base case. In the present case, it is submitted that investigation in the base FIR is going on and during currency of investigation, provisions of Gangster Act have been imposed. Submission is that this could not have been done and is impermissible in law in view of the Rule 5(3)(c), Rule 8 and Rule 10 of the Rules, 2021 framed under the provisions of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as the 'Act, 1986'). Apart from highlighting the aforesaid provisions, it is submitted that Rule 8 prohibits stating unconfirmed and false information and Rule 10 provides that along with gang chart, the certified copy of the charge-sheet and recovery memo shall be attached compulsorily, which is not so in the present case as investigation in the base case is pending. He has placed reliance on a judgment of this Court rendered in the case of Ankit Sharma @ Ankit Kumar vs. State of U.P. and Others, 2023 (1) All. Crl. Ruling 36.

4. Learned AGA opposed the petition and submits that Gangster Act can be imposed during course of investigation, falling in category of cases mentioned in Rule 22 (2) of Rules, 2021.

5. Learned AGA submits that gang-chart has already been approved in the present case.

6. Before proceeding further, it would be appropriate to take note of Rule 5 (3)(c), Rules 8, 10 and 22 of the Rules, 2021, which is quoted as under:

“5. General Rules:

(1).....

(3)......

(c) The gang-chart shall not mention those cases in which acquittal has been granted by the Special Court or in which the final report has been filed after the investigation. However, the gang-chart shall not be approved without the completion of investigation of the base case.

8. Stating unconfirmed or false information is prohibited:

(1) The Incharge of Police Station/Station House Officer/Inspector shall not mention the cases as Part Trial or Partial Trial (PT) without ascertaining the up-to-date status of the cases in the gang-chart.

(2) No unconfirmed or false information shall be entered in the gang-chart.

(3) The latest status of the cases against the gang, which are being shown in the gang-chart, regarding their pendency in the Special Court, the convictions or the stage at which they are in the Court, must be clearly mentioned.

(4) The responsibility of recording the correct and true information shall lie on the concerned Incharge of Police Station/Station House Officer/Inspector.

(5) On discovering an adverse situation, the Incharge of Police Station/Station House Officer/Inspector shall be held liable for negligence under departmental and criminal proceedings.

10. Records of Base Cases:

(1) Along with gang chart, the certified copy of the charge-sheet and recovery memo shall be attached compulsorily.

22. Criminal history not mandatory and sections of the Act can be imposed in the course of investigation:

(1) A single act/omission will also constitute an offence under the Act, and First Information Report may