Apprise District Magistrates About Guidelines & Directions Regarding Preparation Of Gang Chart For Invocation Of Gangsters Act: Allahabad High Court
The Allahabad Excessive Courtroom has directed the Chief Secretary, Authorities of U.P., to apprise all of the District Magistrates in regards to the tips and instructions issued by the Excessive Courtroom and Supreme Courtroom concerning the preparation of a gang chart for the invocation of the Gangsters Act.
The Courtroom allowed the Petition, quashing the impugned FIR registered underneath Sections 2(b)(i) and three of the U.P. Gangster Act and Anti Social Actions (Prevention) Act, 1986 (the Act).
A Division Bench of Justice Alok Mathur and Justice Arun Kumar Singh Deshwal directed, “A perusal of gang chart additionally exhibits that the District Justice of the Peace, Lakhimpur Kheri has permitted the gang chart on 21.03.2025. This truth exhibits {that a} coaching programme carried out by the State Authorities has no impact on the District Justice of the Peace, Lakhimpur Kheri and even she ignored the rules of the State Authorities dated 02.12.2024 and permitted the gang chart in utter violation of the course issued by the Excessive Courtroom Allahabad in addition to Supreme Courtroom. Due to this fact, Chief Secretary, Govt. of U.P. is directed to look into this problem and shall apprise all of the District Magistrates in regards to the tips and instructions issued by the Excessive Courtroom and Supreme Courtroom concerning preparation of gang chart for invocation of Gangsters Act and if requires, a contemporary coaching programme be initiated for the competent authorities underneath the Gangsters Act.”
Advocate Syed Raza Mehdi appeared for the Petitioner.
Transient Details
The Petitioner argued that the gang chart of the impugned FIR explicitly confirmed that the District Justice of the Peace had not recorded the satisfaction whereas approving the gang chart as required by the Act.
Courtroom’s Reasoning
The Excessive Courtroom said, “Within the current case, from the perusal of the gang chart, it’s clear that whereas approving the gang chart, the District Justice of the Peace merely talked about “mentioned with Superintendent of Police and Committee and proposal permitted”. That is completely nonapplication of thoughts and in addition not in consonance with the U.P. Gangster Guidelines in addition to clear violation of judgements of this Courtroom in Sunni Mishra @ Sanjayan Kumar Mishra (supra) and Abdul Lateef @ Mustak Khan (supra) in addition to the judgements of Supreme Courtroom within the case of Vinod Bihari Lal (supra) and Lal Mohammad (supra).”
“The Apex courtroom within the current judgement of Lal Mohammad and one other vs State of U.P. and one other in SLP (Crl) No. 6607 of 2023 dated 14.05.2025 once more noticed that constitutional assure of private liberty acquires nice significance when extraordinary laws with stringent provision, reminiscent of U.P. Gangsters Act is invoked. The facility conferred upon the State can’t be wielded as an instrument of harassment or intimidation. Due to this fact, whereas invoking the Gangsters Act, the procedural safeguard should be strictly adopted,” the Bench emphasised.
The Bench held, “From the above evaluation, it’s clear that the gang chart of the impugned F.I.R. itself is ready in violation to the Guidelines, 2021 in addition to the course issued by Co-ordinate Bench of this Courtroom in Sanni Mishra @ Sanjayan Kumar Mishra (supra) and Abdul Lateef @ Mustak Khan (supra) in addition to the judgements of the Apex Courtroom within the case of Vinod Bihari Lal (supra) and Lal Mohammad (supra) and in addition in opposition to the rules dated 02.12.2024 of Authorities of U.P.. Due to this fact, the gang chart in addition to the impugned F.I.R. are liable to be quashed.”
Consequently, the Courtroom ordered, “Nonetheless, within the current case the authority involved is at liberty to provoke contemporary proceedings underneath The U.P. Gangsters and Anti-Social Actions (Prevention) Act, 1986 after making ready the gang chart in accordance with the regulation as talked about above.”
Accordingly, the Excessive Courtroom allowed the Petition.
Trigger Title: Shabbir Husain & Anr. v. State Of U.P. & Ors. (Impartial Quotation: 2025:AHC-LKO:36793-DB)
