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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Vivek Kumar Birla, Hon'ble Arun Kumar Singh Deshwal, JJ.
Mohd. Arif @ Guddu – Petitioner
Versus
State Of Uttar Pradesh And Others – Respondents
Criminal misc. Writ petition No. - 10980 of 2024
Decided On : 09-07-2024
GANGSTER ACT - QUASHING OF FIR - Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 3(1); Uttar Pradesh Gangster and Anti Social Activities (Prevention) Rules, 2021, Rule 17 - The court emphasized the necessity for competent authorities to apply independent judgment when approving gang charts under the Gangsters Act. It highlighted that signing pre-typed satisfaction violates Rule 17(2) of the Rules, 2021, which mandates a clear expression of satisfaction. The court also noted that an FIR must specify the corresponding provision of the Gangsters Act to justify the classification of an individual as a gangster, as established in previous judgments. The failure to adhere to these legal requirements led to the quashing of the FIR and gang chart.
Fact of the Case:
The petitioners sought to quash an FIR registered under Section 3(1) of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, arguing that the competent authorities failed to record proper satisfaction and did not specify the corresponding provision of the Act in the FIR.
Finding of the Court:
The court found that the gang chart was approved without proper application of mind, as the authorities merely signed a pre-typed satisfaction. This was contrary to the requirements of the Gangster Rules, 2021, and the FIR lacked necessary details to classify the petitioners as gangsters.
Issues: Whether the FIR was validly registered under the Gangsters Act without proper satisfaction and specification of the corresponding provision of the Act.
Ratio Decidendi: The court held that the signing of pre-typed satisfaction by competent authorities violates the requirement for independent judgment as mandated by Rule 17(2) of the Gangster Rules, 2021. Additionally, an FIR must specify the relevant provisions of the Gangsters Act to justify the classification of an individual as a gangster.
Final Decision: The writ petition was allowed, and the impugned FIR and gang chart were quashed, with the authority permitted to lodge a fresh FIR in compliance with the Gangster Rules, 2021.
JUDGMENT :
1. Supplementary affidavit filed today is taken on record.
2. Heard learned counsel for the petitioner and learned A.G.A. for the State.
3. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 01.05.2024, registered as Case Crime No.100 of 2024, under Sections 3(1) of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as 'Gangsters Act'), P.S. Khetasarai, District-Jaunpur and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
4. The contention of learned counsel for the petitioners is that while recommending and approving the gang chart of the FIR in question, no satisfaction was recorded by the competent authorities as the competent authority has signed pre-typed satisfaction which is against the law laid down by the Division Bench of this Court in Sanni Mishra @ Sanjayan Kumar Mishra vs. State of Uttar Pradesh and others reported in 2024 (1) ADJ 231 (DB). It is further submitted by learned counsel for the petitioner that the impugned FIR is itself illegal as same was registered u/s 3(1) of the Gangsters Act without mentioning the corresponding provision in which the petitioner was named as Gangster which is also against the law laid down by the Division Bench of this court in Asim @ Hassim vs. State of Uttar Pradesh and another reported in 2024 (1) ADJ 125 (DB).
5. Learned A.G.A. could not dispute the aforesaid fact.
6. After hearing learned counsel for the parties and on perusal of the record, it is clear that the gang chart, prepared before lodging the impugned F.I.R., was recommended and approved by the competent authorities by simply signing a pre-typed proforma regarding their satisfaction. This Court in the case of Sanni Mishra (supra) has observed that signing pre-typed satisfaction amounts to violation of Rule 17(2) of the Uttar Pradesh Gangster and Anti Social Activities (Prevention) Rules, 2021 (hereinafter referred to as 'Rules, 2021') and non application of mind on the part of the competent authorities. Paragraphs No. 16, 17, 18 and 19 of Sanni Mishra (supra) case is quoted as under:-
"17. Use of independent mind.-(1) The competent authority shall be bound to exercise its own independent mind while forwarding the gang-chart.
(2) A pre-printed rubber seal gang-chart should not be signed by the competent authority; otherwise the same shall tantamount to the fact that the competent authority has not exercised its free mind."
17. The purpose of prohibiting the signing of pre-printed rubber seal under Rule 17(2) of the Gangster Rules, 2021 is to bind the competent authorities to apply independent mind by mentioning their satisfaction in clear words. Therefore, signing the pre-typed satisfaction will also be prohibited under Rule 17(2) of the Gangster Rules, 2021.
18. In the present case, all the competent authorities simply signed just below the printed proforma regarding their satisfaction. Therefore, it clearly violates Rule 17 of the Gangster Rules, 2021.
19. This court is also of the view that while forwarding and approving the gang-chart, it is the duty of the competent authorities to see whether gang-chart has been prepared as per the Gangster Rules, 2021 and all the formalities as required by the Gangster Rules, 2021 have been fulfilled. If from the record, it appears that competent authorities forwarded or approved the gang-chart without lo
The court established that competent authorities must exercise independent judgment and provide specific details in FIRs under the Gangsters Act to prevent misuse of stringent legal provisions.
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The preparation and approval of a gang chart under the Gangster Act must involve substantive findings that demonstrate the gang's threat to public order, or it results in an empty formality negating ....
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