The court ruled that procedural violations in preparing the gang-chart rendered the F.I.R. unsustainable, and that mentioning Section 3 suffices for F.I.R. registration without detailing offences under Section 2(b).

JUDGMENT :

1. Heard Shri Mohit Singh, learned counsel for the petitioners, Shri P.C. Srivastava, learned Additional Advocate General assisted by Shri J.K. Upadhyay, learned A.G.A. for the State-respondents and perused the record.

2. The instant writ petition has been preferred with the prayer to quash the First Information Report dated 1.1.2024, registered as Case Crime No. 0001 of 2024, under Sections 2/3 of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to 'the Act of 1986'), Police Station-Bilari, District Moradabad with a further prayer to direct the respondents not to take any coercive action against the petitioners pursuant to the aforesaid F.I.R.

FACTS OF THE CASE

3. The respondent No. 5 lodged the aforesaid F.I.R. alleging that the accused persons named therein are indulged in anti-social activities and are operating a gang; that the investigation in relation to the aforesaid case crime is still pending and that no charge-sheet has been submitted against the petitioners. As regards the gang-chart dated 25.11.2023, it is pleaded that incorrect details of criminal cases pending against the petitioners were furnished to the Authorities by the Station House Officer of Police Station concerned recommending prosecution of the petitioners under the Act of 1986. It is stated that in relation to Case Crime No. 417 of 2023, under Sections 147, 148, 149, 323, 307/34 IPC read with Section 3/25/27 Arms Act, mentioned at serial No. 1 in the gang chart, it is mentioned that charge-sheet has been submitted before the Court on 11.11.2023 whereas the charge-sheet has not been submitted in the Court. Regarding Case Crime No. 334 of 2016, under Sections 441, 447, 504, 506 IPC read with Section 3 of Prevention of Damage to Public Property Act, 1984, mentioned at Serial No. 2 in the gang chart, it has been shown to be pending against the petitioners vide charge-sheet No. 199/2016 dated 8.8.2016, information pertaining whereto has been pleaded as “incorrect” stating that challenging the proceedings arising out of the said charge-sheet, Application under Section 482 Cr.P.C. No. 5191 of 2017 (Dharmendra Kumar and others v. State of U.P. and another) was filed, in which, an interim order has been passed on 16.2.2017 by this Court and Application under Section 482 Cr.P.C. is still pending but this fact has not been mentioned in the Gang chart.

GROUNDS OF CHALLENGE

4. The F.I.R. has been challenged mainly on the grounds that while preparing the gang-chart, the respondents have violated the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021 (hereinafter referred to as 'the Rules'), inasmuch as, incorrect and incomplete information was furnished before the Authorities by the Station House Officer concerned; that the gang-chart has been approved by the Competent Authority without application of mind; that the details of criminal history of accused on dossier do not reflect any discussion of District Magistrate and the Senior Superintendent of Police in a joint meeting which is contrary to Rule 5(3)(a) of the Rules; that as per the gang chart, proceedings in pursuance of charge-sheet dated 8.8.2016 filed in Case Crime No. 334 of 2016 are stated to be pending whereas there is an interim order dated 16.2.2017 passed by this Court, which has not been mentioned in the gang chart and the same has been approved on the basis of unconfirmed details of cases without verifying the status which is in violation of Rule 8(3) of the Rules; that the procedure prescribed under Rules 16 and 17 has not been followed and the gang-chart has been approved by using the language provided in the proforma without application of mind; and that no date is mentioned alongwith signatures of the District Magistrate and the Senior Superintendent Police, Moradabad on the gang chart. Much emphasis has been laid on the aspect that in relation to Case Crime No. 417 of 2023, under Sections 147, 148, 149, 323, 307/34