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.

JUDGMENT :

VIVEK KUMAR SINGH, J.

1. Heard Shri Santosh Tripathi, learned counsel for the applicant, Shri Surendra Tiwari, learned counsel appearing for the victim of the base case and Shri Prashant Kumar Singh, learned AGA for the State.

2. Present application under Section 528 BNSS has been filed to quash the entire proceedings of the Special Sessions Trial No. 2636 of 2025, Arising out of Case Crime No. 502 of 2024 ( State of U.P. vs. Sanjay Suri and Others ), under section 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Sihani Gate, District Ghaziabad, pending in the Court of Learned Special Judge (Gangster Act)/Additional District and Sessions Judge, Court no.12, Ghaziabad as well as Chargesheet dated 09.08.2025 and the cognizance/summoning order dated 28.08.2025 issued in the aforesaid proceedings.

3. The brief facts of the case are that the FIR was lodged against the applicant on 23.09.2024, as Case Crime No.502 of 2024, under section 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as the 'Gangster Act'), Police Station Sihani Gate, District Ghaziabad. Prior to the registration of the said FIR, a gang chart was prepared on 21.09.2024, wherein, the applicant was shown to be involved in a solitary case i.e. Case Crime No.406 of 2024, under Sections 126(2), 352, 351(2), 308(6) BNS, Police Station Kotwali, District Ghaziabad and the chargesheet was submitted in the aforesaid Case Crime no.406 of 2024 on 20.09.2024 and the learned Magistrate took cognizance of offence vide order dated 23.09.2024. After submission of chargesheet on 20.09.2024 in the aforesaid Case Crime No.406 of 2024, the gang chart was prepared by the Authorities on 21.09.2024. Thereafter, the investigation was handed over to the Investigating Officer, who submitted chargesheet in the present Case Crime no.502 of 2024 on 09.08.2025 and the court concerned took cognizance vide order dated 28.08.2025.

4. The submission of the learned counsel for the applicant is that in the gang chart detail of only one case has been mentioned and the applicant has already obtained bail in the base case from the court concerned on 23.09.2024. It is also submitted by the learned counsel for the applicant that only on the basis of solitary case, as mentioned in the gang chart, provisions of Gangster Act cannot be initiated and there is clear violation of Rules framed under the U.P. Gangster and Anti Social Activities (Prevention) Gangster Rules, 2021 (hereinafter referred to as the Rules, 2021). It is also submitted by the learned counsel for the applicant that provisions of Rule 5(3)(a) of the Rules, 2021 has not been followed as no joint meeting had taken place. He further pointed out that as per Rule 5(3) (c) of the Rules 2021 the gang chart would not have been approved without the completion of the investigation of the base case.

5. Learned counsel for the applicant next submitted that the provisions of Rule 8(2) of the Rules, 2021 was not followed, wherein, it is mentioned that no unconfirmed or false information would be entered in the gang chart. It is also argued by the learned counsel for the applicant that the provisions of Rule 10 (1) of the Rule, 2021 have also not been followed inasmuch as the certified copy of the chargesheet was not attached alongwith the gang chart. It is also submitted that the authorities at the time of preparation of gang chart have violated Rules 16 and 17 of the Rules, 2021, therefore, the impugned chargesheet dated 09.08.2025 as well