The preparation and approval of a gang chart under the Gangster Act must involve substantive findings that demonstrate the gang's threat to public order, or it results in an empty formality negating the validity of associated FIRs.

JUDGMENT :

1. Heard Sri Daya Shankar Mishra, learned Senior Advocate assisted by Sri Chandrakesh Mishra and Sri Abhishek Mishra, learned counsel for the petitioner in CRIMINAL MISC. WRIT PETITION No. - 16946 of 2024 and in APPLICATION U/S 528 BNSS No. - 40591 of 2024; Sri Upendra Upadhyay, learned counsel for the petitioner in CRIMINAL MISC. WRIT PETITION NO. - 17602 OF 2024; Sri Prabha Shanker Mishra, learned counsel for the petitioner in CRIMINAL MISC. WRIT PETITION NO. - 18422 OF 2024 and Sri Manish Goyal, learned Additional Advocate General assisted by Sri J.K. Upadhyay and Sri Rupak Chaube, learned counsel for the State.

2. The petitioner has challenged the First Information Report dated 31.8.2024, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as the “Gangster Act, 1986”) which had given rise to Case Crime No. 0556 of 2024, Police Station – Karvi Kotwali Nagar, District - Chitrakoot.

3. Sri Daya Shankar Mishra, learned Senior Advocate assisted by Sri Chandrakesh Mishra and Sri Abhishek Kumar Mishra, learned counsel for the petitioner has argued that the first information report which was lodged under Section 2/3 of the Gangster Act, 1986 is dependent on the rules of Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021 (hereinafter referred to as the “Gangster Rules, 2021”). He has submitted that as per the rules, there has to be, before the lodging of the first information report, a preparation of the gang chart which is as per Rules 5(1) of the Gangster Rules, 2021. The In-charge of police station has to prepare a gang chart wherein are mentioned the criminal details of a particular gang. The gang chart thereafter is presented as per Rule 5(2) of the Gangster Rules, 2021 to the District Head of Police after a clear recommendation of the Additional Superintendent of Police mentioning therein the detailed activities in relation to all the persons of the said gang. Learned counsel for the petitioner further submitted that as per Rule 5(3)(a) of the Gangster Rules, 2021 before a gang chart is prepared it has to be approved, but not summarily. It is approved only after a “due discussion” is done in a joint meeting of the Commissioner of Police, District Magistrate, Senior Superintendent of Police and Superintended of Police. The other provisions with regard to how the gang chart has to be prepared are contained in Rules 5(3)(b), 5(3)(c), 5(3)(d) and 5(3)(e) of the Gangster Rules, 2021.

4. Since learned counsel for the petitioner heavily relied upon Rule 5 of the Gangster Rules, 2021, the same is being reproduced here as under:-

“5. General Rules.-(1) To initiate proceedings under this Act, the concerned Incharge of Police Station/Station House Officer/Inspector shall prepare a gang-chart mentioning the details of criminal activities of the gang.

(2) The gang-chart will be presented to the district head of police after clear recommendation of the Additional Superintendent of Police mentioning the detailed activities in relation to all the persons of the said gang.

(3) The following provisions shall be complied with in respect of gang-charts:

(a) The gang-chart will not be approved summarily but after due discussion in a joint meeting of the Commissioner of Police/District Magistrate/Senior Superintendent of Police/Superintendent of Police.

(b) There may be no gang of one person but there may be a gang of known and other unknown persons and in that form the gang-chart may be approved as per these rules.

(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