The judgment emphasizes the importance of procedural compliance and due application of mind in cases under the Gangsters and Anti-Social Activities (Prevention Act, 1986), highlighting the fundamental rights of the accused and the need to safeguard against mala-fide intentions and abuse of process.

JUDGMENT :

GAJENDRA KUMAR, J.

1. Heard learned counsel for the applicant and learned AGA for the State-respondents.

2. The instant Application U/s 482 Cr.P.C. has been filed on behalf of the applicant for quashing the entire criminal proceedings emanating from charge-sheet dated 29.06.2021 and cognizance order dated 31.08.2021 in case No. 618 of 2021 in relation to Case Crime No. 286 of 2020, under Section 2/3 of Gangsters and Anti-Social Activities (Prevention Act, 1986, Police Station-Nawabad, District-Jhansi, which is pending before the Special Judge (Gangster Act), Court No. 3, Jhansi.

3. On the basis of gang-chart prepared/forwarded/approved by the Police and Administrative Authority, FIR was lodged against the applicant and five other co-accused persons. The First Information Report giving rise to the crime, which after investigation, has culminated in the charge-sheet impugned, was submitted against the applicant and five other co-accused persons on 22.08.2020 at P.S. Nawabad, District Jhansi, by Vinod Kumar Mishra, Inspector (In-charge), P.S. Nawabad, District-Jhansi with the allegation that applicant has an organized gang wherein he is a gang-leader, whereas five other co-accused are members of the said Gang. It is further alleged in the impugned FIR that applicant is a notorious criminal and has been involved in the offences of murder, kidnapping and extortion for quite sometime and is also obtaining pecuniary gains from the same.

4. It is submitted by the counsel for the applicant that applicant has been falsely implicated in the present case on the basis of mala-fide intentions of the police as there is no evidence available on record to show that the applicant is a part of any gang. It is further submitted that impugned FIR was lodged on the basis of a gang-chart dated 08.08.2020, wherein, four cases have been shown against the applicant. It is further submitted that gang-chart prepared in the present case is not at all in consonance with the provisions of Rule 5(3)(c) of the Rules, 2021 as the same dictate that no cases where the accused has been acquitted shall be included in the gang-chart, whereas in the present case crime No. 482 of 2015 has been included in the same. According to gang-chart attached with the present case, four criminal cases have been shown against the applicant no. 1 registered as case crime Nos.229 of 2019, under Sections 713, 302, 201, 328/34, 411 and 404 IPC, Police Station-Nawabad, District-Jhansi (ii) Case Crime No. 594 of 2019, under Sections 420, 406, 506, 504 IPC, Police Station-Nawabad, District-Jhansi (iii) case crime No. 476 of 2015, under Sections 441, 447, 427, 506 IPC, Police Station-Nawabad, District-Jhansi (iv) case crime No. 482 of 2015, under Sections 302, 120-B/467/468/471/41 9/420 IPC, Police Station-Nawabad, District-Jhansi. It is noteworthy that applicant is shown to have been involved in all the four cases cited in the gang-chart but the alleged members (co-accused) are shown to have been involved only in one criminal case registered as case crime Nos.229 of 2019, under Sections 713, 302, 201, 328/34, 411 and 404 IPC, Police Station-Nawabad, District-Jhansi, wherein applicant has already been enlarged on bail by the court concerned.

5. The gang chart of the said cases is reproduced herein-under:

Gang Chart - Gang Leader Sanjay Verma S/o of Hari Mohan Verma R/o 57, Vasudev, Bada Bazar P.S. Kotwali, District-Jhansi.

6. It is further submitted that according to the provisions of Rule 5(3)(e) of 2021, all the other criminal cases pending against the accused have to be attached with the gang-chart, but in the present case, no such separate list was attached with the gang-chart at the time when the same was approved. It is further contended that there is violation of relevant provisions of Section 2(b) of the Act as well as relevant provisions of Rules, 2021.

7. In response to the notice issued to respondent nos. 1 and 2, a counter affidavit was filed which is duly sworn by Jai Prak