Procedural compliance is essential in approving gang-charts under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act; failure to demonstrate procedural illegality results in dismissal of challenges to FIRs.

JUDGMENT :

1. Heard Sri A.N. Mishra, learned counsel for the petitioner and Sri Paritosh Malviya, learned AGA-I for the State-respondents.

2. The present writ petition has been filed seeking quashing of the impugned First Information Report dated 13.04.2025, registered as Case Crime No.0244 of 2025, under Sections 3 (1) , 2(b) (i) , 2 (b) (xi), and 2 (b) (xxv) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 [1. "Act, 1986]at Police Station Chiluatal, District Gorakhpur, in respect of the petitioner. A further prayer has been made for issuance of a direction restraining the respondents from arresting the petitioner pursuant to the said FIR.

3. The brief facts as per prosecution case are that the fourth respondent has lodged the impugned FIR against the petitioner and six other persons with allegation that one Ram Pravesh Rajbhar is leader of gang and the petitioner is a member of the aforesaid gang. The members of the gang have formed an organized criminal gang and are actively operating at the district level. This gang, for their financial and worldly gain, on 16.05.2022, assaulted a person and looted 7 lakhs near DPS School, Maniram, resulting in Case Crime No.230/2022 under Section 394 IPC being registered at the local police station. During the investigation, based on the arrest of the accused and supporting evidence, Section 394 IPC was replaced with Section 395 IPC , and charge sheets were submitted on 14.09.2022 and 31.03.2023. The FIR further discloses that due to criminal acts of the accused, a sense of fear prevails among the general public, and the society is being adversely affected. After due examination of the records and the crimes committed by the gang, all documents were prepared and sent to the Nodal Officer by the then Officer-in-Charge Sanjay Mishra. The Nodal Officer prepared the gang chart and forwarded it for further action and approval. The said gang chart was approved in a joint meeting of the Senior Superintendent of Police and the District Magistrate. In the offences listed in the gang chart the charge sheets have been filed which are pending consideration before the competent court. The free movement of this gang is not in the interest of society. It is extremely necessary to take action against the gang under the Act, 1986.

4. The impugned FIR is assailed primarily on the ground that the allegation contained in the FIR is totally false and baseless. Earlier, for the same set of allegations, gangster proceedings were initiated against the petitioner and other co-accused, culminating in registration of FIR dated 28.12.2023, in Case Crime No. 0752 of 2023, under Section 3 (1) of the Act, 1986 at the same police station. The FIR was challenged in Criminal Misc. Writ Petition No.4991 of 2024, which was allowed by a Division Bench of this Court on the ground that the Competent Authority had failed to apply its independent mind while recommending and approving the gang-chart, in violation of Rule 5 (3) (A) of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021 [Rules, 2021]. The gang-chart was forwarded and approved by the District Magistrate, Gorakhpur in a summary manner, without convening a joint meeting.

5. Learned counsel for the petitioner submits that similar procedural lapses exist in the present proceedings also, which warrants interference by this Court. He submits that while recommending and approving the gang- chart, the Competent Authority has utterly failed to apply its independent mind. The authorities have again failed to compl