The invocation of the Gangsters Act requires substantial evidence and strict adherence to procedural compliance to prevent misuse and ensure justice.

1. Heard Shri Arvind Kumar Mishra and Shri Afzal Ahmad Khan Durrani, learned counsel for the applicants, learned Additional Advocate General assisted by Shri Vibhav Anand Singh, learned A.G.A. for the State-respondents, in both the applications, and perused the material on record.

2. The instant applications have been preferred challenging the entire proceedings arising out of Case Crime No.161 of 2022, under section 2/3 of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 registered at Police Station Karari, District Kaushambi, [Hereinafter referred to as the FIR], pending trial in the Court of learned Additional Sessions Judge/FTC-1st, Kaushambi, as well as cognizance order dated 24.1.2024 passed by learned Additional Sessions Judge/FTC-1st, Kaushambi.

3. The applicants’ case emerges from the approval of the gang- chart, and on perusal it's observed that the gang leader Ajay Kumar Saroj, son of Jeete resident of Goraju Police Station Paschim Sarira, District Kaushambi, along with his co-accused members; (i) Rahul, son of Chhidda, resident of Ghasiya Ka Pura, Police Station- Paschim Sarira District- Kaushambi, (ii) Vinay Kumar Gupta son of late Govind Prasad, resident of Buksi Ka Purwa, Police Station- Paschim Sarira, District Kaushambi, and (iii) Rajaram Kesharwani son of Chhedilal resident of Goraju, Police Station- Paschim Sarira, District Kaushambi, has been operating an organized gang at district level. The members of this gang have amassed huge illegal money by doing illegal mining and transportation based on fake Ravanas; due to the activities of the gang, the government is suffering huge revenue loss. By doing such acts, the said gang has created so much fear in the public that people are unable to muster the courage to complain against them due to their fear. Earlier, such mining maafias, as per newspaper reporting, caused the death of mining officers in road accidents who attempted to stop illegal mining. Due to their terror in public, the normal life and law and order situation causing disruption, therefore, the criminal act committed by the said gang is covered under sub-section (1) of section 2B of the Gangsters Act, 1986.

4. Based on the aforesaid facts, an FIR was registered and after conclusion of the investigation, the police report was filed, against the applicants and after that the applicants have been summoned vide impugned summoning order 24.1.2024.

5. Learned counsel for the applicants submits that the applicants have been falsely implicated based on a single case. False and fabricated allegations of involvement of the applicants in illegal mining have been levelled at the behest of real mining Maafia, who are involved in illegal mining with the aid and assistance of local police. It is further submitted that without taking into confidence- the local police and the revenue authorities- no such activities to any stretch of imagination is possible in the current bureaucratic set-up. It is next submitted that the alleged gang leader is extremely a poor man and does not even own a pakka house. The other co-applicants are living ordinarily life and have no income from known or unknown sources- contrary to the allegations made in the gang chart. The District Magistrate and Superintendent of Police have approved the gang chart mechanically without prima-facie satisfying themselves on the mat