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VIVEK KUMAR BIRLA, ARUN KUMAR SINGH DESHWAL
Sukarmpal @ Amit Jat – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Arjun Singh Yadav, Advocate holding brief of Sri Babu Lal Ram, learned counsel for the petitioner and Sri Ratan Singh, learned AGA for the State.
2. The present writ petition has been preferred for quashing the FIR dated 29.02.2024 registered as Case Crime No. 28 of 2024, under Section 3 (1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Alinagar, District- Chandauli and for a direction to respondents-State not to take coercive action against the petitioner pursuant to aforesaid FIR.
3. Contention of learned counsel for the petitioner is that from perusal of the gang chart of the impugned FIR, it is clear that the charge sheet in the base case was filed on 20.12.2020 and after that, no case was registered against the petitioner and after more than three years impugned FIR was lodged on 29.02.2024 by approving the gang chart on 14.02.2024 which is in violation of proviso of Rule 4(2) of U.P. Gangster and Anti-Social Activities (Prevention) Rules, 2021 (hereinafter referred to as the ‘Gangster Rules’). It is further submitted by learned counsel for the petitioner that the impugned FIR was registered
An FIR registered under the U.P. Gangster Act without proper legal citation and after a three-year lapse is rendered illegal.
An FIR under the Gangster Act is invalid if it fails to mention the corresponding provision, violating statutory guidelines.
The duty of competent authorities to exercise independent mind and follow prescribed procedures in preparing and approving gang-charts under the Gangster Act, 1986.
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 judgment establishes that procedural compliance in gang chart preparation is crucial to uphold the integrity of the Gangster Act and protect individual rights.
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 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.
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