IMPORTANT POINT
The court affirmed that compliance with the U.P. Gangsters Act's procedural requirements, particularly regarding gang-chart approval, hinges on the completion of the underlying investigation.

JUDGMENT :

Heard Shri Satish Tamta, learned Senior Counsel assisted by Shri Mohd. Khalid, learned counsel for the petitioner, Shri G.P. Singh, learned A.G.A. for the State-respondents, and perused the record.

2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 20.3.2023 registered as Case Crime No. 136 of 2023, under Sections 2, 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Dadri, District-Gautam Budh Nagar, and for a direction to the police not to arrest the petitioner in pursuance of the impugned FIR.

3. The prosecution's case posits that the petitioner, in collaboration with other gang members, usurped the Patta land allotted to landless individuals from scheduled castes and scheduled tribes in accordance with Government land allotment policies. This acquisition was allegedly executed through the use of coercion and intimidation, allowing the petitioner and their associates to purchase the land at reduced rates and subsequently vend the same at elevated prices in an orchestrated manner. These gang members, acting both collectively and individually engaged in activities aimed at unjust economic and financial gain while inflicting illegal financial loss upon landless individuals from the scheduled castes and scheduled tribes. It is claimed that they are operating in association with other criminal gang members, perpetrating acts of terror on impoverished villagers. The actions of these professional criminals involved in organized criminal activities purportedly have adverse effects on societal health and morals.

4. Submission of learned counsel for the petitioner is that the petitioner has not done anything contrary to the provisions of Sections 2, 3(1) of the Act and that there is a violation of Rules 5, 6, 10, 12, 13, 16, 17, 18 of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Rules, 2021, framed under the provisions of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as the Rules and Act) in the present case. It is submitted that the gang-chart has been prepared without there being joint meeting discussion as contemplated under Rule 5(3)(a) of the Rules. There is a violation of Rule 5(3)(c) of the Rules, which says that the gang-chart shall not be prepared without completion of investigation of the base case. It is next submitted that in this case it is mentioned in the gang chart that the charge-sheet was submitted on 6.2.2023, however, insofar as the accused-petitioner herein Narendra Kumar is concerned, whose name is mentioned at Serial No. 6 of the gang-chart, it is revealed through e-Court service information that the charge-sheet was filed in the Court on 21.3.2023 and as such no charge-sheet was available on the day/date the gang-chart was prepared, and therefore, there is violation of Rule 5(3)(c) and Rule 10 of the Rules. It is also submitted that the gang-chart has not been forwarded in the manner as prescribed in Rule 16 of the Rules. In para-1 of the petition it has been stated that petitioner is an Advocate in Delhi. Submission, therefore, is that the impugned FIR is liable to be quashed.

5. No other ground is taken by learned counsel for the petitioner.

6. Per contra, learned A.G.A. opposing the prayer has pointed out that against the main accused gang leader Yashpal Tomar, the charge-sheet was forwarded by the Investigating Officer on 13.11.2023 cognizance whereof was also taken on 25.11.2022. In the case of the petitioner, the process of approval of the gang-chart has started on 17.3.2023 and was ultimately approved by the final authority-Police Commissioner, Gautam Budh Nagar on 20.3.2023, which is much after the date of completion of the investigation against the petitioner and forwarding of the charge-sheet on 6.2.2023, cognizance whereof was taken by the Court on 20.3.2023. A photocopy of the charge-sheet as received and supplie