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ALLAHABAD HIGH COURT
VIVEK KUMAR BIRLA, VINOD DIWAKAR, JJ.
Anil Mishra - Petitioner
Versus
State of U.P. and Others - Respondents
Criminal Misc. Writ Petition No. 15515 of 2023
Decided On : 18-10-2023
Gangsters - FIR Quashing - U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 - Sections 3(1), 5(3)(c), 10, 22 - The court interpreted the provisions of the Act and Rules, emphasizing the necessity of completing the investigation before approving the gang chart, which was adhered to in this case.
Fact of the Case:
The petitioner sought to quash an FIR under the U.P. Gangsters Act, claiming exoneration in a related case and arguing procedural violations in the approval of the gang chart.
Finding of the Court:
The court found that the approval of the gang chart complied with the statutory requirements, as the investigation was completed prior to its approval, and the procedural rules were followed.
Issues: Whether the FIR was validly registered under the U.P. Gangsters Act and if the procedural requirements for approving the gang chart were met.
Ratio Decidendi: The court held that the completion of the investigation is a prerequisite for approving the gang chart, and the absence of a charge-sheet does not invalidate the FIR if the investigation is complete.
Result: The petition was dismissed.
JUDGMENT :
Heard Shri Kartikeya Saran, learned counsel for the petitioner, Shri Ratan 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 14.9.2023 registered as FIR No. 0171 of 2023, under Section 3 (1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Gyanpur, District-Bhadohi and for a direction to the police not to arrest the petitioner in pursuance of the impugned FIR.
3. The brief facts of the case are that impugned FIR has been lodged against Anil Mishra, Ashish Mishra, Shivam Mishra, Govind Mishra, Pramod Yadav, Shubham Pandey, Santosh Gupta, Kanhiya Jaiswal and Akash ji Baranwal. As per the allegations in the FIR, informant received information that Anil Mishra is a gang leader and Ashish Mishra, Shivam Mishra, Govind Mishra, Pramod Yadav, Shubham Pandey, Santosh Gupta, Kanhiya Jaiswal and Akash Ji Baranwal are the active members of a Gang. The gang of Anil Mishra gets financial and material benefit by fraudulently verifying the registration of farmers by resetting the password of Departmental Login Id (District Food and Civil Supplies department) of District Food and Marketing Officer, Bhadohi and by re-setting the password of departmental Login ID (District Food and Civil Supplies department) of Additional District Magistrate (Judicial), Additional District Magistrate of Bhadohi Gyanpur Aurai and has used the digital signatures.
4. Submission of learned counsel for the petitioner is that he has been exonerated in Case Crime No. 68 of 2023, under Sections 419, 420, 467, 468, 471 I.P.C. P.S. Aurai, District Bhadohi, wherein the charge-sheet dated 25.6.2023 has also been submitted against other co-accused persons, and as such the said case cannot be considered for the purpose of invoking the provisions of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as the 'Act'). He next submitted that the Act has been invoked only on the basis of sole case. It is submitted that no charge-sheet has been filed in Case Crime No. 240 of 2022 and the gang chart has been approved without filing of the charge-sheet in the said case and without application of mind. He submitted that the question answer dated 18.9.2023, clearly reflects that till that date no charge-sheet has been filed in the Court. It is submitted that therefore, there is violation of Rule 5(3) (c) of the U.P. Gangster and Anti Social Activities (Prevention) Rules, 2021 (hereinafter refer to as 'Rules') and that of Rule 10 of the Gangster Rules, which provides that certified copy of the charge-sheet must be annexed with the gang chart, which has not been annexed in the present case.
5. Learned A.G.A., on instructions, submitted that after completion of the investigation against the petitioner, a supplementary charge-sheet No. 98A was submitted on 8.8.2023 in the main charge-sheet dated 25.6.2023 against the petitioner, a duly attested copy whereof has been supplied by the learned A.G.A., which is taken on record. He further submits that the proceedings of approval of the gang chart was initiated on 19.8.2023, much after filing of supplementary charge-sheet No. 98A dated 8.8.2023, after completion of the investigation as required under Rule 5(3) (c) of the Gangster Rules, 2021. He highlighted that certified copy of the gang chart has also not been annexed to suppress this fact.
6. A bare glance over the Rule 5(3)(c) of the Rules, 2021 would clearly disclose that it provides that ''the gang chart shall not be approved without completion of the investigation of the base case''.
7. Rule 5 (3)(c), Rules 10 and Rule 22 of the Rules, 2021 are quoted as under:
(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 investiga
The court affirmed that the U.P. Gangsters Act allows for prosecution based on a single case, provided the investigation is complete before approving the gang chart.
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.
The U.P. Gangster Act can be invoked based on a solitary case, provided the preparation and approval of the gang chart comply with statutory requirements.
The judgment establishes that procedural compliance in gang chart preparation is crucial to uphold the integrity of the Gangster Act and protect individual rights.
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 und....
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 fundamenta....
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.
The invocation of the Gangsters Act requires substantial evidence and strict adherence to procedural compliance to prevent misuse and ensure justice.
(1) Anti-Social Activities – Continuation of criminal proceedings against appellant would result in undue harassment when there is no material against him and will result in abuse of process of law.(....
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