Allahabad High Court Orders Personal Appearance Of District Magistrate For Violating Guidelines
The Allahabad High Court has sought the personal appearances of S.H.O., S.S.P. and District Magistrate after the Court noticed that they flouted the Supreme Court’s rulings and the State’s Guidelines and allegedly misused the Gangsters Act, while considering a bail application.
The Court was considering a Bail Application seeking release of the Applicant on bail in a case registered under Sections 2 and 3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
The Bench of Justice Arun Kumar Singh Deshwal observed, “However, considering the fact that there was sheer misuse of Gangsters Act by the S.H.O., P.S. Khalapar, District Muzaffarnagar and also the negligence on the part of S.S.P., Muzaffarnagar as well as District Magistrate, Muzaffarnagar in approving the same which is punishable under Section 3(2) of the Gangsters Act and is the violation of directions of this Court issued in the case of Abdul Lateef @Mustak Khan vs. State of U.P. and others; Criminal Misc. Writ Petition No. 9930 of 2024; Sanni Mishra @ Sanjayan Kumar Mishra vs. State of U.P. and others; 2024 (1) ADJ 231 (DB) as well as the judgment of the Apex Court in the case of Vinod Bihari Lal vs State of Uttar Pradesh and another; Criminal Appeal Nos. 777-778 of 2025, Lal Mohd. and another vs. State of U.P. (supra) and also in violation of recent guidelines, issued by the State Government in compliance of the order of the Apex Court passed in the case of Gorakh Nath Mishra vs. State of U.P.; Criminal Appeal No. 2589 of 2025, this Court directs the S.H.O., P.S. Khalapar, District Muzaffarnagar; S.S.P., Muzaffarnagar; and the District Magistrate, Muzaffarnagar to appear personally before this Court on the next date of listing and explain their misconduct and negligence.”
The Applicant was represented by Advocate Sushil Kumar Pandey, while the Respondent was represented by Additional Government Advocate.
Facts of the Case
Counsel for the Applicant contended that the Applicant is innocent and he has been falsely implicated in the instant case on the basis of three base cases of the year 2023 and one case of the year 2025 though Gangsters Act was earlier imposed against the applicant in two another cases of 2025 on the basis of one base case of the year 2024 in which the Applicant was released on bail.
It was thus averred that this shows that the Gangsters Act is being repeatedly misused to keep the applicant in jail, who has been languishing there since May 28, 2025.
Reasoning By Court
The Court noted that the Additional Government Advocate could not explain the reason as to why the Gangsters Act is being repeatedly imposed on the basis of old cases, though the old cases were available at the time of imposing the Gangsters Act on earlier occasion.
“The above fact shows not only arbitrariness on the part of the S.H.O. of Police Station- Khalapar, District Muzaffarnagar, but also sheer negligence on the part of S.S.P., Muzaffarnagar as well as District Magistrate, Muzaffarnagar who are required to apply their minds at the time of conducting joint meeting under Rule 5(3)(a) of U.P. Gangsters and Anti Social Activities (Prevention) Rules, 2021,” the Court observed.
Taking into account the Judgement of the Apex Court in the case of Vinod Bihari Lal v. State of Uttar Pradesh & Anr. (2025 INSC 767) as well as in the case of Lal Mohd. & Anr. v. State of U.P. & Ors. (2025 INSC 811), the Court granted bail to the Applicant.
Cause Title: Manshad vs. State of U.P.
