Investigations under the U.P. Gangsters Act must comply with statutory timelines; failure to do so leads to quashing of proceedings.

JUDGMENT :

Vinod Diwakar, J.

1. Heard learned counsel for applicant and learned AGA for the State.

2. Through the instant proceedings, the applicant has challenged the cognizance/summoning order dated 10.04.2024 on a limited ground that the Rules framed under the Provisions of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 have not been complied with by the police.

3. Thus, the learned counsel for the applicant submits that; (i) besides Rules 16 and 17 of the Rules 2021, Rule 24 for expeditious investigation has been violated, (ii) the FIR was registered on 29.4.2022, whereas the charge sheet was filed on 3.2.2024 almost after a delay of 21 months and two days, (iii) the applicant is a businessman and he is arrayed as an accused in the base case on the basis of confessional statement of co- accused, which is impermissible under the law, (iv) the applicant's arrest was stayed by this Court vide order dated 1.8.2022, on Court's prima facie, satisfaction that the applicant is innocent and has been arrayed as an accused by the police because of ulterior reasons.

4. Per contra, learned AGA states that the applicant is a habitual offender and three cases have been registered against the applicant of similar nature and there are serious allegations of running a gambling racket for illegal gain.

5. Vide order dated 10.12.2024, all the Investigating Officers who had been part of the investigation were directed to present virtually through video conferencing, and in compliance of the order, the S.S.P. Baghpat appeared virtually along with Investigating Officers and apprised to the Court that the FIR was registered on 29.4.2022, thereafter, the investigation was conducted by ten Investigating Officers and on completion of the investigation the charge sheet was filed on 3.2.2024. The name of Investigation Officers along with the period for which the investigation was remained with them, are outlined herein in tabular format:-

6. For clarity, Rule 24 of the U.P. Gangsters and Anti Social Activities (Prevention) Rules, 2021 is extracted herein below:

“The rule stipulates the investigation shall be conducted expeditiously within six months of the registration of the case and in unavoidable circumstances with the approval of the District Police In-Charge, a maximum extension of three months can be provided but in no case the investigation cannot be extended for more than one year.”

7. In the instant case, the charge sheet was filed after a delay of 21 months and 2 days and the same is in contravention of Rule 24.

8. The provisions of Gangsters Act is stringent in nature and the idea is to punish declared criminals who have deliberately chosen the life of crime. The activities of these professionals perpetrators of organized crimes and violence, and orgy has a far more baneful effect on the health and morals of the society and its people. If the activity of such criminal are subjected to the same punishment as that other ordinary criminals, the confidence of public in the efficacy and efficiency of the state administration is bound to shake.

9. It is noticed that the Investigati