Court Finds Non-Compliance with Mandatory Rules in Approval of Gang Chart; Emphasizes Importance of Joint Meetings and Accurate Information
In a landmark judgment, the Allahabad High Court has quashed the FIR registered against Devendra Pratap Singh alias Rahul Farji and others under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The court found significant procedural violations in the approval of the gang chart used as the basis for the FIR, leading to the quashing of Crime No. 186 of 2025 registered at Police Station Shivkuti, District Prayagraj.
The Division Bench, comprising Justices J.J. Munir and Tarun Saxena, highlighted the mandatory requirement of a joint meeting between the Commissioner of Police and the Deputy Commissioner of Police for the approval of a gang chart, as stipulated under Rule 5(3)(a) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021. The court observed that the approvals for the gang chart were made through independent endorsements without the necessary joint meeting, rendering the process invalid.
Additionally, the court found inaccuracies in the gang chart, which showed several petitioners as being in jail despite them being on bail. This incorrect information was noted as a violation of Rules 8(3) and 16(1), (2), and (3) of the UP Gangsters Rules, 2021, as it demonstrated a lack of application of mind by the approving authorities.
The judgment stressed the importance of procedural safeguards and accurate information in the preparation and approval of gang charts. The court cited previous decisions emphasizing that competent authorities must ensure compliance with all formalities under the Gangster Rules, 2021, before forwarding or approving gang charts.
In its ruling, the court ordered the quashing of the FIR and directed the Chief Judicial Magistrate, Prayagraj, to make an entry in the General Diary of Police Station Shivkuti, indicating the quashing of proceedings against the petitioners. The court also instructed the Registrar (Compliance) to communicate the order to relevant authorities, including the Commissioner of Police, Prayagraj.
This decision underscores the judiciary's role in safeguarding procedural integrity and the rights of individuals, particularly in cases involving serious allegations under the UP Gangsters Act.
Bottom Line :
Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021 - Mandatory provisions of Rule 5(3)(a) requiring joint meeting for approval of gang chart not complied with - Violation of Rules 8(3) and 16(1), (2), and (3) - FIR quashed.
Statutory provision(s):
Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021 Rules 5(3)(a), 8(3), 16(1), (2), and (3); Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 Section 2/3(1).
