# Sanjay Verma v. State of U.P - **Citation:** (2024) 3 ILRA 1010 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2023-09-15 - **Case number:** Application U/S 482. No. 10238 of 2023 - **Bench:** Gajendra Kumar - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/sanjay-verma-v-state-of-u-p-50912 - **Pages:** 20 ## Headnote Criminal Law - Criminal Procedure Code, 1973 - Section 482 - U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 - Sections 2, 3 & 23 - Indian Penal Code, 1860 - Sections 34, 120-B, 201, 302, 328, 404, 406, 411, 419, 420, 427, 441, 447, 467, 471, 504, 506 & 713 - U.P. Gangster and Anti-Social Activities (Prevention) Rules, 2021 - Rule 2(b), 2(c), 5, 5(3)(C), 6, 7, 11, 13, 15, 16, 17, 21, 24 & 26 - Application under Section 482 Cr.P.C. - for quashing the criminal proceedings stemming from a charge-sheet and cognizance order under Sections 2/3 of the Gangsters Act - FIR - based on a gang-chart approved by authorities - alleged that applicant was a gang leader involved in serious crimes - applicant pleaded that, the FIR was lodged with mala fide intent, lacked evidence of gang activity, and violated procedural rules by including an acquitted case and omitting required documentation - in response, the police claimed applicant instilled societal fear for personal gain, but the applicant refuted these claims, asserting that the cited cases were personal in nature and did not meet the legal criteria for gangsterism - court finds that, the gang-chart was prepared and approved mechanically without legal justification or recorded satisfaction, violating procedural safeguards and constitutional protections under Article 21 - held that, the proceedings were an abuse of process and amounted to harassment - hence, the court quashed the charge-sheet and cognizance order - therefore, application is allowed. (Para - 23, 24, 25, 26, 27) Application Allowed. (E-11) List of referred Cases: - ## Text _Characters 0–39,715 of 60,345. This is a partial read: ask again with offset=39715 for what follows._ 1010 INDIAN LAW REPORTS ALLAHABAD SERIES would be abided by the final outcome of the civil suit pending before the court competent and in case of any peculiar circumstances requiring interim protection parties can approach before the civil court for appropriate order. 11. Resultantly, instant application under Section 482 Cr.P.C. is hereby allowed and the preliminary order dated 04.02.2021 passed by City Magistrate, Mathura, under Section 145 (1) Cr.P.C. in Case No.35 of 2021 (Aman Deep Singh vs. Adarsh Pal Gupta), under challenge before this Court, is hereby quashed. ---------- (2024) 3 ILRA 1010 ORIGINAL JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 15.09.2023 BEFORE THE HON'BLE GAJENDRA KUMAR, J. Application U/S 482. No. 10238 of 2023 Sanjay Verma ...Applicant Versus State of U.P. ...Opposite Parties Counsel for the Applicant: Sri Imran Ullah, Sri Sahibe Alam, Sri Vineet Vikram Counsel for the Opposite Parties: G.A. Criminal Law - Criminal Procedure Code, 1973 - Section 482 - U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 - Sections 2, 3 & 23 - Indian Penal Code, 1860 - Sections 34, 120-B, 201, 302, 328, 404, 406, 411, 419, 420, 427, 441, 447, 467, 471, 504, 506 & 713 - U.P. Gangster and Anti-Social Activities (Prevention) Rules, 2021 - Rule 2(b), 2(c), 5, 5(3)(C), 6, 7, 11, 13, 15, 16, 17, 21, 24 & 26 - Application under Section 482 Cr.P.C. - for quashing the criminal proceedings stemming from a charge-sheet and cognizance order under Sections 2/3 of the Gangsters Act - FIR - based on a gang-chart approved by authorities - alleged that applicant was a gang leader involved in serious crimes - applicant pleaded that, the FIR was lodged with mala fide intent, lacked evidence of gang activity, and violated procedural rules by including an acquitted case and omitting required documentation - in response, the police claimed applicant instilled societal fear for personal gain, but the applicant refuted these claims, asserting that the cited cases were personal in nature and did not meet the legal criteria for gangsterism - court finds that, the gang-chart was prepared and approved mechanically without legal justification or recorded satisfaction, violating procedural safeguards and constitutional protections under Article 21 - held that, the proceedings were an abuse of process and amounted to harassment - hence, the court quashed the charge-sheet and cognizance order - therefore, application is allowed. (Para - 23, 24, 25, 26, 27) Application Allowed. (E-11) List of referred Cases: - 1. Writ Petition No. 6249/2003 Inre: Amar Nath Dubey Vs St. of U.P., 2. Ashok Kumar Dixit Vs St. of U.P.; 1987 (34) ACC 164 3. Vimal Shukla Vs St. of U.P.; 2019 (1) ARC 299, 4. Shubhankar Gupta Vs St. of U.P.; (2019) 1 A.Cr.R., 5. Ashok Kumar Dixit Vs St. of U.P.; 2007 (2) ACC 683 Alld. 6. Parvez Vs St. of U.P.; 2021 Crl.J. 4034 (All) (LB). 7. Shraddha Gupta Vs St. of U.P. & ors.; (2022) 17 S.C.R. 622 (Para 10) (635-B-G), (Delivered by Hon'ble Gajendra Kumar, J.) 3 All. Sanjay Verma Vs. State of U.P. 1011 1. Heard lerned counsel for the applicant and learned AGA for the Staterespondents. 2. The instant Application U/S 482 Cr.P.C. has been filed on behalf of the applicant for quashing the entire criminal proceedings emanating from charge-sheet dated 29.06.2021 and cognizance order dated 31.08.2021 in case No.618 of 2021 in relation to Case Crime No.286 of 2020, under Section 2/3 of Gangsters and AntiSocial Activities (Prevention Act, 1986, Police Station-Nawabad, District-Jhansi, which is pending before the Special Judge (Gangster Act), Court No.3, Jhansi. 3. On the basis of gang-chart prepared/forwarded/approved by the Police and Administrative Authority, FIR was lodged against the applicant and five other co-accused persons. The First Information Report giving rise to the crime, which after investigation, has culminated in the chargesheet impugned, was submitted against the applicant and five other co-accused persons on 22.08.2020 at P.S.-Nawabad, District Jhansi, by Vinod Kumar Mishra, Inspector (In-charge), P.S.-Nawabad, District-Jhansi with the allegation that applicant has an organized gang wherein he is a gangleader, whereas five other co-accused are members of the said Gang. It is further alleged in the impugned FIR that applicant is a notorious criminal and has been involved in the offences of murder, kidnapping and extortion for quite sometime and is also obtaining pecuniary gains from the same. 4. It is submitted by the counsel for the applicant that applicant has been falsely implicated in the present case on the basis of mala fide intentions of the police as there is no evidence available on record to show that the applicant is a part of any gang. It is further submitted that impugned FIR was lodged on the basis of a gangchart dated 08.08.2020, wherein, four cases have been shown against the applicant. It is further submitted that gang-chart prepared in the present case is not at all in consonance with the provisions of Rule 5(3)(c) of the Rules, 2021 as the same dictate that no cases where the accused has been acquitted shall be included in the gang-chart, whereas in the present case crime No.482 of 2015 has been included in the same. According to gang-chart attached with the present case, four criminal cases have been shown against the applicant no.1 registered as case crime Nos.229 of 2019, under Sections 713, 302, 201, 328/34, 411 and 404 IPC, Police Station-Nawabad, District-Jhansi (ii) Case Crime No.594 of 2019, under Sections 420, 406, 506, 504 IPC, Police Station-Nawabad, DistrictJhansi (iii) case crime No.476 of 2015, under Sections 441, 447, 427, 506 IPC, Police Station-Nawabad, District-Jhansi (iv) case crime No.482 of 2015, under Sections 302, 120-B/467/468/471/41 9/420 IPC, Police Station-Nawabad, DistrictJhansi. It is noteworthy that applicant is shown to have been involved in all the four cases cited in the gang-chart but the alleged members (co-accused) are shown to have been involved only in one criminal case registered as case crime Nos.229 of 2019, under Sections 713, 302, 201, 328/34, 411 and 404 IPC, Police Station-Nawabad, District-Jhansi, wherein applicant has already been enlarged on bail by the court concerned. 5. The gang chart of the said cases is reproduced here-in-under:- Gang Chart -Gang Leader Sanjay Verma s/o of Hari Mohan Verma 1012 INDIAN LAW REPORTS ALLAHABAD SERIES r/o 57, Vasudev, Bada Bazar P.S.- Kotwali, District-Jhansi. ि०सिं ० लीडर /सद स्य का नाम ि पता गैग लीडर /सद स्य मु०अ० सिं० 229/19 िारा 364/12 0िी/41 9/420/4 67/468/ 471/30 2/201/3 28/34/4 11/404 िादवि र्थाना निािाद झााँसी आरोप पत्र सिं० 462/19 हदनािंक 01/12/1 9 मु०अ ०सिं० 594/ 19 िारा 420/ 406/ 506/ 504 िाद वि र्थाना निा िाद झााँसी आरो प पत्र सिं० 224/ 19 हदनािं क 07.1 1/19 मु०अ ०सिं० 476/ 15 िारा 441/ 447/ 427/ 506 िाद वि र्थाना निा िाद झााँसी आरो प पत्र सिं० 443/ 15हद नािंक 17.1 0.15 मु०अ ०सिं० 482/ 15 िारा 302/ 120 िी/46 7/46 8/47 1/41 9/42 0 िाद वि र्थाना निा िाद झााँसी आरो प पत्र सिं० 436/ 15 हदनााँ क 11.1 0.15 1- सिंज य िमाग पुत्र हरर मोह न िमाग तनिा सी 57 िासु देि िडा गैग लीडर √ √ √ √ िाजा र र्थाना कोत िाली झााँ सी उम्र 55ि षग 2- योगे श कुमा र गु प्ता पुत्र स्ि० तन खखल कुमा र गु प्ता तनिा सी 67/0 2 ऋवष कु न्ज स्कू ल िैरो खखड की अन्द र विसा त खा ना र्थाना सद स्य √ ० ० ० 3 All. Sanjay Verma Vs. State of U.P. 1013 कोत िाली जन पद झााँ सी उम्र 29ि षग 3- जजते न्द्र राय पुत्र मुर लीि र राय तनिा सी सशि परर िार का लोनी डडड यापु रा र्थाना कोत िाली झााँ सी उम्र 31 िषग सद स्य √ ० ० ० 4- नरे न्द्र सैन पुत्र कृपा राम तनिा सद स्य √ ० ० ० सी राजे न्द्र नगर उरई र्थाना कोत िाली उरई जन पद जा लौन हाल तनिा सी राय विहा र का लोनी नारा यण िाग र्थाना निा िाद झााँ सी उम्र 31 िषग 5- सिे श कुमा र राय पुत्र समर्थ लेश कुमा र राय सद स्य √ ० ० ० 1014 INDIAN LAW REPORTS ALLAHABAD SERIES तनिा सी िैक सग का लोनी डडड यापु रा सशिा जी नगर र्थाना कोत िाली जज ला झािं सी उम्र 37 िषग 6- जय नारा यण सलटौ ररया पुत्र महा देि प्रसा द तनिा सी का शीरा म का लोनी म ण्डी के पीछे सद स्य √ ० ० ० र्थाना कोत िाली जन पद लसल तपुर उम्र 36ि षग 6. It is further submitted that according to the provisions of Rule 5(3)(e) of 2021, all the other criminal cases pending against the accused have to be attached with the gang-chart, but in the present case, no such separate list was attached with the gang-chart at the time when the same was approved. It is further contended that there is violation of relevant provisions of Section 2(b) of the Act as well as relevant provisions of Rules, 2021. 7. In response to the notice issued to respondent nos.1 and 2, a counter affidavit was filed which is duly sworn by Jai Prakash Yadav, presently posted as Inspector, Police Station-Nawabad, District-Jhansi, in which all the allegations and averments made in the affidavit filed in support of the application under section 482 cr.p.c. have been totally denied and it is asserted that accused-applicant is a gangleader of the gang and is created a fear and terror in the society and is involved in antisocial activities for pecuniary and temporal gains and due to his terror and fear no person of public is coming forward to depose against him. 8. In response to the counter affidavit filed by the opposite parties, rejoinder affidavit was filed on behalf of the applicant, in which, the allegations and 3 All. Sanjay Verma Vs. State of U.P. 1015 averments made in the counter affidavit were totally denied. 9. It is submitted by the learned counsel appearing for the applicant, that even if all allegations in the impugned FIR and charge-sheet are regarded as true, no case under Sections 2/3 of the Act of 1986 is made out against the applicant. In order to support the aforesaid submission, learned counsel has referred to the provisions of the gangster Act of 1986. He submits that there are two essential ingredients to constitute a gang. The two essential ingredients, according to learned counsel for the applicants, are 'violence' or 'disturbance of public order' indulged in by a group of persons, acting either singly or collectively, for the purpose of pecuniary gain etc. 10. It is the learned counsel for the applicants' submission that none of the offences charged against the applicant, either involves violence or the disturbance of public order. Therefore, even if there be allegations about pecuniary gain, the consequences under the Act of 1986 would not be attracted. He next submits that there are four base cases registered against the applicant, on the foot of which the present prosecution has been launched under Section 2/3 of the Act of 1986, out of which, in three cases, applicant has been enlarged on bail by the court concerned, whereas, in one case, he has been acquitted by the court concerned. It is also submitted that out of four cases, in two cases viz. case crime No.476/15, under Sections 441, 447, 427, 506 IPC, P.S.-Nawabad, DistrictJhansi and case crime No.482 of 2015, under Sections 302, 120-B, 467, 468, 471, 419, 420 IPC, P.S.-Nawabad, DistrictJhansi for initiating proceedings under Gangster Act, gang-chart was earlier prepared/forwarded, on which, after consideration and deliberation District Magistrate refused to approve the same for the aforesaid purpose. It is further submitted that the applicant has been falsely implicated in the case crime No.229 of 2019, under Sections 364, 120-B, 419, 420, 467, 468, 471, 302, 201, 328, 34, 411, 404 IPC, P.S.-Nawabad, District-Jhansi on the basis of mere suspicion. Further more this case is based on circumstantial evidence and alleged motive against the applicant is avoidence of marriage with the deceased, however, no active and specific role has been given to the applicant and the other case crime No.594 of 2019 under Sections 420, 406, 506, 504 IPC, P.S.- Nawabad, District-Jhansi is regarding fraudulent withdrawal of money from the account of the deceased of the previous case. It is further alleged that in that case, applicant is not alleged to have fraudulently withdrawal money from the account nor he has received any money in his account. It is further submitted that the cases allegedly filed against the applicant are regarding the offence/crime committed by him in his private/personal capacity nor as a gangleader of any gang whatsoever for temporal and pecuniary gains. Therefore, in the submission of the learned counsel, the base cases are not available to provide foundation to the prosecution to pursue the present case under the Act of 1986. It is in the last submitted by the learned counsel for the applicant that there is violation of Rules 5, 6, 11, 15, 16, 21, 24 and 26 of The Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021, vitiating the gang-chart. He has emphasized that non-adherence to these rules has vitiated the basis of registration of the crime and a fortiori the police report and the prosecution. He has emphatically submitted that violation of the aforesaid 1016 INDIAN LAW REPORTS ALLAHABAD SERIES rules is not mere omission but it shows that the proceedings before registering FIR has been carried out mechanically without giving heed to the provisions of law and rules, which are of fundamental importance as any false and malacious prosecution entails serious consequances resulting into the deprivation of life and personal liberty of the accused person, which cannot be deprived except for the procedure established by law as is enshrined in the Article 21 of the Constitution of India. The forwarding, recommending and approving authorities have not paid any heed or attention to relevant law and rules, while exercising their authority with regard to the preparation and approval of the gang-chart. The whole exercise on their part has been carried out without application of mind. 11. On the other hand, learned AGA vehemently opposed the aforesaid contentions and submits that applicant is a leader of the gang, who is involved in committing the anti-social activities and crimes for pecuniary and temporal gains, but he could not dispute the violation of aforesaid Rules. 12. Upon hearing learned Counsel for the parties, this Court is of opinion that in order to consider the submissions of learned counsel for the applicant as well as learned counsel for the State, it is imperative to refer to the relevant provoisions of the Act of 1986, which reads as follows: As the Act being a special statute- The Act is a special statute which has been enacted for the prevention of and for coping with gangsterism and anti-social activities. The Object and reasons as well as preamble are quoted hereinbelow:- Objects and reasons of the Act:- Gangsterism and anti-social activities influenced the State Legislature in making introduction of such Act. The objects and reasons of the Act are that gangsterism and anti-social activities were on the increase in the state posing threat to lives and properties of the citizens. The existing measures were not found effective enough to cope with new menace. With a view to break the gangs by punishing the gangsters and to nip their conspirational designs, it was considered necessary to make special provision for the prevention of and for coping with gangsters and antisocial activities in the State. [Ashok Kumar Dixit v. State of U.P., 1987 (34) ACC 164: 1987 ACFR 230 AIR 1987 (All) 235 (All HC, FB)]. Preamble of Act.-The Act seeks to punish declared criminals who have deliberately chosen the life of crime. The activities of these professional perpetrators of organised crimes, violence and orgy has a far more baneful effect on the health and morals of the society and its people. If the activities of such recidivist are subjected to same punishment as that other ordinary criminals, the confidence of public in the efficacy and efficiency of State Administration is bound to shake. [Ashok Kumar Dixit v. State of U.P., 1987 (34) ACC 164: 1987 ACTR 230: AIR 1987 (All) 235 (All HC, FB)]. 13. It is important to refer to the relevant provisions of the Act of 1986, which reads as follows:- "2. Definitions.--In this Act,-- (a) x x x (b) "Gang" means a group of persons, who acting either singly or collectively, by violence, or threat or show of violence, or intimidation, or coercion or otherwise with the object of disturbing 3 All. Sanjay Verma Vs. State of U.P. 1017 public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person, indulge in anti-social activities (Act no. 2 of 1974), namely-- (i) offences punishable under Chapter XVI, or Chapter XVII, or Chapter XXII of the Indian Penal Code (Act no. 45 of 1860), or (ii) distilling or manufacturing or storing or transporting or importing or exporting or selling or distributing any liquor, or intoxicating or dangerous drugs, or other intoxicants or narcotics or cultivating any plant, in contravention of any of the provisions of the U.P. Excise Act, 1910 (U.P. Act no. 4 of 1910) or the Narcotic Drugs and Psychotropic Substances Act, 1985 or any other law for the time being in force, or (iii) occupying or talking possession of immovable property otherwise than in accordance with law, or setting-up false claims for title or possession of immovable property whether in himself or any other person, or (Act no. 61 of 1985) (iv) preventing or attempting to prevent any public servant or any witness from discharging his lawful duties, or (v) offences punishable under the Suppression of Immoral Traffic in Women and Girls Art, 1956, or (vi) offences punishable under section 3 of the Public Gambling Act, 1867 (Act no. 104 of 1956), or (vii) preventing any person from offering bids in auction lawfully conducted, or tender, lawfully invited, by or on behalf of any Government department, local body or public or private undertaking for any lease or right or supply of goods or work to be done, or (viii) preventing or disturbing the smooth running by any person of his lawful business profession, trade or employment or any other lawful activity connected therewith, or (ix) offences punishable under section 171-E of the Indian Penal Code, or in preventing or obstructing any public election being lawfully held, by physically preventing the voter from exercising his electoral rights, or (x) inciting others to resort to violence to disturb communal harmony, or (xi) creating panic, alarm or terror in public, or (xii) terrorising or assaulting employees or owners or occupiers of public or private undertakings or factories and causing mischief in respect of their properties, or (xiii) inducing or attempting to induce any person to go to foreign countries on false representation that any employment, trade or profession shall be provided to him in such foreign country, or (xiv) kidnapping or abducting any person with intent to extort ransom, or (xv) diverting or otherwise preventing any aircraft or public transport vehicle from following its scheduled course; (xvi) offences punishable under the Regulation of Money Lending Act, 1976; (xvii) illegally transporting and/or smuggling of cattle and indulging in acts in contravention of the provisions in the Prevention of Cow Slaughter Act, 1955 and the Prevention of Cruelty to Animals Act, 1960; (xviii) human trafficking for purposes of commercial exploitation, bonded labour, child labour, sexual exploitation, organ removing and trafficking, beggary and the like activities; 1018 INDIAN LAW REPORTS ALLAHABAD SERIES (xix) offences punishable under the Unlawful Activities (Prevention) Act, 1966; (xx) printing, transporting and circulating of fake Indian currency notes; (xxi) involving in production, sale and distribution of spurious drugs; (xxii) involving in manufacture, sale and transportation of arms and ammunition in contravention of Sections 5, 7 and 12 of the Arms Act, 1959; (xxiii) felling or killing for economic gains, smuggling of products in contravention of the Indian Forest Act, 1927 and Wildlife Protection Act, 1972; (xxiv) offences punishable under the Entertainment and Betting Tax Act, 1979; (xxv) indulging in crimes that impact security of State, public order and even tempo of life. (c) "gangster" means a member or leader or organiser of a gang and includes any person who abets or assists in the activities of a gang enumerated in clause (b), whether before or after the commission of such activities or harbours any person who has indulged in such activities; 14. A perusal of the aforesaid provisions shows that violence or disturbance of public order alone are not the sine qua non of a gang as defined under the Act of 1986. It postulates a group of persons, who either acting singly or collectively, employ violence, or threat or show of violence, or intimidation, or coercion, ''or otherwise' with the object of (i) disturbing public order; (ii) or of gaining any undue temporal, pecuniary, material; or other advantage for himself or any other person, indulge in anti-social activities, enumerated in clauses (i) to (xxii) of subSection (b) of Section 2 of the Act of 1986. 15. It is a well settled cannon of statutory interpretation that a statute should be read and understood according to its plain grammatical meaning, unless that construction leads to an absurd result, or defeats the object and the very purpose of it. 16. Learned counsel for the applicants has also drawn attention towards the mandatory compliance with the provisions of Rule 5, 6, 7, 11, 13, 15, 16, 17, 21, 24 and 26 of the Rules of 2021 framed under the Act of 1986. These Rules have been made by the State Government in exercise of powers under Section 23 of the Act of 1986 to carry out its purposes. Rule 5, 6, 7, 11, 13, 15, 16, 17, 21, 24 and 26 are extracted below: "5. General Rules.--(1) To initiate proceedings under this Act, the concerned In-charge 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 3 All. Sanjay Verma Vs. State of U.P. 1019 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 filed after the investigation. However, the gang-chart shall not be approved without the completion of investigation of the base case. (d). Those cases shall not be mentioned in the gang-chart, on the basis of which action has already been taken once under this Act. (e). A separate list of criminal history, as given in Form No.--4, shall be attached with the gang-chart detailing all the criminal activities of that gang and mentioning all the criminal cases, even if acquittal has been granted in those cases or even where final report has been submitted in the absence of evidence. Along with the above, a certified copy of the gang register kept at the police station shall also be attached with the gang-chart. In addition to the above, the information of crime and gang members mentioned in the gang-chart will also be updated on Interoperable Criminal Justice System (ICJS) portal and Crime and Criminal Tracking Network System (CCTNS). 6. Relevant provision of the Act to be specifically mentioned-(1) While preparing the gang-chart, it shall be clearly mentioned if the alleged act of the gang falls within the purview of clause (b) of Section 2 of the Act along with the relevant provision. 7. Charges mentioned in the earlier gang-chart not to be made the basis of charges in the new gang-chart-(1) If action has been taken against a gang in the past under the Act and at present a new gang has been formed by the member or gang leader of such gang which has changed its criminal territory or is indulging in new criminal activities, then while preparing the new gang-chart, any crime mentioned in the earlier gang-chart shall not be mentioned in the existing gangchart and if crime is being committed by changing the gang, with new members or with new gang, then this fact should be clearly mentioned in the abstract of the gang-chart. (2) In addition to the above, a list of criminal history may be attached separately. 11. Present status of witness and accused-(1) If any witness has turned hostile, it will also be clearly mentioned in the summary of gang-chart. (2) In the concerned column of gang-chart, the present status of all the accused, whether they are presently in jail or on bail or absconding, shall be clearly mentioned. 13. Specific statement of offences committed for economic, material and temporal or similar other benefits.- While writing the abstract below the gangchart and particulars separately with the gang-chart, the particulars of those offences shall be specifically mentioned: (I) which have been committed for pecuniary, materialistic and temporal or similar benefits; or (ii) which disturb the public order; or (iii) which are a ground for detention under the National Security Act, 1980 (Act No.65 of 1980). 15. Arbitrary selection of gang/member of gang prohibited- (1) There should not be a situation of arbitrary selection against any gang under this Act. (2) If action is not to be taken against any member of a gang who has 1020 INDIAN LAW REPORTS ALLAHABAD SERIES committed a criminal act in association with the said gang, then in such a case clear and reasonable grounds for not mentioning his name in the gang and gangchart shall be recorded with reasons and evidences. (3) The final decision as to whether to include or not to include the name of member of a gang in the gang and gang-chart shall be at the discretion of the commissioner of Police/District Magistrate. 16. Forwarding of Gang-Chart.- - The following manner shall be followed in the forwarding of Gang-Chart: (1) Forwarding of the gangchart by the Additional Superintendent of Police:- The Additional Superintendent of Police will not only take a quick forwarding action in the case but he will duly peruse the gang-chart and all the attached forms; and when it is satisfied that there is a just and satisfactory basis to pursue the case, only then will he forward the letter along with the recommendation given below on the gang-chart to the Superintendent of Police/Senior Superintendent of Police. 'Throughly studied the gangchart and attached evidence. The basis of action under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 exists. Accordingly, forwarded with recommendation." (2) Forwarding of the gangchart by the district police in-charge:- When the gang-chart along with all the Forms is received by the Senior Superintendent of Police/Superintendent of Police with the clear recommendation of the Additional Superintendent of Police, he will also thoroughly analyse all the facts and when it is confirmed that all the formalities of the Act have been fulfilled and there is a legal basis for taking action in the case, then he should forward the gang-chart to the Commissioner of Police/District Magistrate stating that: "I have duly perused the gang-chart and attached forms and I am fully satisfied that all the particulars mentioned in the case are correct and there is a satisfactory basis for taking action under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. Accordingly, approved." (3) Resolution of the Commissioner of Police/District Magistrate:- When the gang-chart is sent to the Commissioner of Police/District Magistrate along with all the Forms, all the facts will also be thoroughly perused by the Commissioner of Police/District Magistrate and when he is satisfied that the basis of action exists in the case, then he will approve the gang-chart stating therein that: "I duly perused the gang-chart and attached Forms in the light of the evidence attached with the gang-chart satisfactory grounds exist for taking action under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The gang-chart is approved accordingly." It is noteworthy that the words written above are only illustrative. There is no compulsion to write the same verbatim but it is necessary that the meaning of approval should be the same as the recommendations written above, and it should also be clear from the note of approval marked. 17. Use of independent mind.-- (1) The Competent Authority shall be bound to exercise its own independent mind while forwarding the gang-chart. (2) A pre-printed rubber seal gang-chart should not be signed by the Competent Authority; otherwise the same 3 All. Sanjay Verma Vs. State of U.P. 1021 shall tantamount to the fact that the Competent Authority has not exercised its free mind." 21. Records relating to subclause (iii) of clause (b) of Section 2 of the Act- If evidence related to possession of any land, etc. Is required, then the entries of that revenue record such as Khasra, Khatauni and map of such land shall be prepared and included in the investigation. 24. Expeditious Investigation- (1) The investigation of any offence under the Act shall, as far as possible, be completed within six months. (2) In unavoidable circumstances, after the approval of the district police incharge, a maximum extension of three months can be provided. (3) In no case, can the investigation be extended for more than one year. 26. Approval of district police incharge- (1) On receipt of the oral and documentary evidence collected in the case diary, the Commissioner of Police/Senior Superintendent of Police/Superintendent of Police shall again duly peruse all the facts. (2) Before submitting the chargesheet in the Court, the approval of the district police in-charge shall be mandatory. 17. Thus from perusal of the Rules, all that is required by Rules is that the Authorities recommending registration of a case under the Act of 1986 should come to the conclusion with an independent application of mind that a case under the Act of 1986 ought to be registered. Likewise, the Authorities approving the gang-chart also should come to the conclusion on an independent application of mind that a case under the Act of 1986 ought to be registered against the accused on the basis of the activities of the gang. However there is no prescription for the employment of particular words to serve as index of due application of mind. 18. It is pertinent to note here that the above noted rules of 2021 are in the form of procedural safeguards in relation to offences under the Gangsters Act. Even before these Rules of 2021, certain safequards were already, in place, in one way and the other in the form of G.Os. and Notifications/Communications issued by the Government/Executive Authority/Police Authority. These were all ad hoc Procedural Safequards to be observed and complied with by the concerned authorities while dealing with gangster cases, just to make a stop gap arrangement and an effort to plug the void, in place of formal Rules as contemplated by Section 23 of the Act. डीजी पररपत्र सिंख्या-27/2003 oh0ds0ch0 uk;j vkbZ0ih0,l0 iqfyl egkfuns'kd mRrj izns'k] 1]frydekxZ] y[kuÅA fnukad&vDVwcj] 24] 2003 fiz; egksn;] m0iz0 esa vijk/kh] vijkf/k;ksa] vjktd rRoksa] lewg cukdj vijk/k djus okys yksxksa] lekt fojks/kh fdz;k dykiksa esa layXu O;fDr;ksa ij fu;U=.k j[kus rFkk mudh xfrfof/k;ksa ij vadq'k cuk;s j[kus ds mn~ns'; ls izns'k esa m0iz0 xq.Mk fu;U=.k vf/kfu;e 1970 ,oa m0iz0 fxjksg cUn ,oa lekt fojks/kh fØ;k dyki 1⁄4fuokj.k1⁄2 vf/kfu;e 1986 dk izko/kku gSA bu vf/kfu;eksa dk mi;ksx dsoy ik= O;fDr;ksa ds fo:) gh gks ,oa bldk nq:i;ksx u gks] blfy, bl fo"k; ij le; le; ij foLr`r funsZ'k tkjh fd;s x;s gS] fdUrq0 ek0 mPp U;k;ky; rFkk bl eq[;ky; ds laKku esa dqN ,sls izdj.k vk;s gSa] ftlls ;g izrhr gksrk gS fd bu vf/kfu;eksa dk nq:i;ksx 1022 INDIAN LAW REPORTS ALLAHABAD SERIES jksdus ds fy, 'kklu }kjk tks fn'kk&funsZ'k tkjh fd;s x;s gS mudk mfpr ek0 mPp U;k;ky; us fjV ;kfpdk la[;k 6249@2003 vejukFk nqcs cuke m0iz0 jkT; ,oa vU; esa m0iz0 lekt fojks/kh fØ;k&dyki vkSj fxjksg cUn vf/kfu;e ds nq:i;ksx ij vizlUurk O;Dr fd;k gS rFkk ;g funsZ'k fn;k gS fd mijksDr dk nq:i;ksx djus okys vf/kdkfj;ksa ij Hkkjh vFkZn.M yxk;k tk ldrk gS A vr% mijksDr nksuksa vf/kfu;eksa ds fdz;kUo;u ds lEcU/k esa fuEufyf[kr fn'kk&funsZ'k tkjh fd;s tk jgs gS A vki v{kj'k% vuqikyu lqfuf'pr djsa] vkidks ;g Hkh lpsr fd;k tkrk gS fd ;fn Hkfo"; esa dksbZ ,slk izdj.k laKku esa vkrk gS ftlls ;g izrhr gks fd bu funsZ'kksa dk mYya?ku fd;k x;k gS ;k izdj.k ds fo'ys"k.k ls ,slk Li"V gks fd vkidh ;k vkids fdlh v/khuLFk }kjk tkucw>dj] ykijokgh ;k =qfViw.kZ vkpj.k ds dkj.k fdlh funsZ'k O;fDr ds fo:) mijksDr vf/kfu;eksa ds vUrxZr dk;Zokgh dh x;h gS rks nks"kh v/khuLFk iqfyl dfeZ;ksa ds vfrfjDr vkids fo:) dBksj n.MkRed dk;Zokgh dh tk;sxh A m0iz0 lekt fojks/kh fØ;k dyki ,oa fxjksg cUn vf/kfu;e 1986 ds vUrxZr dk;Zokgh& 1& m0iz0 fxjksg cUn vf/kfu;e ,oa lekt fojks/kh fØ;k dyki 1⁄4fuokj.k1⁄2 vf/kfu;e 1986 ds vUrxZr dk;Zokgh djus ds fy, m0iz0''kklu ds 'kklukns'k la[;k& 3216@8&9&1986 fnukad 23 twu] 1986] 'kklukns'k la[;k 3352@ N&iq0&9&1997 fnukad 10 vDVwcj] 1997 }kjk foLr`r fn'kk funsZ'k tkjh fd;s x;s gS A fdlh Hkh vijkf/kd izo`fRr ds O;fDr ds fo:) dk;Zokgh djus ls iwoZ ;g lqfuf'pr djsa fd lEcfU/kr O;fDr bl vf/kfu;e ds vUrxZr dk;Zokgh fd;s tkus ds fy, ik= gS A 2& fdlh Hkh fxjksg ds fo:) dk;Zokgh djus ds fy, mlds fo:) dsoy mUgha ekeyksa dks vkijkf/kd lwph esa lfEefyr ekuuk pkfg, ftu ekeyksa esa iqfyl } kjk foospuk ds mijkUr vkjksi&i= izsf"kr dh tk pqdh gS ;k U;k;ky; }kjk fopkj.k ds mijkUr vfHk;qDr dks nks"keqDr fd;k tk pqdk gS] mls vkijkf/kd fooj.k esa lfEefyr u fd;k tk;A 3& ftu ekeyksa ds vk/kkj ij m0iz0 lekt fojks/kh fØ;k dyki ,oa fxjksg cUn vf/kfu;e ds vUrxZr dk;Zokgh dh x;h gS mlh vk/kkj ij iqu% dk;Zokgh u dh tk;s vFkkZr fdlh fxjksg ds fo:) m0iz0 lekt fojks/kh fØ;k dyki ,oa fxjksg cUn vf/kfu;e ds vUrxZr dk;Zokgh djus ds ckn dksbZ u;k vijkf/kd d`R; izdk'k esa vkus ij gh m0iz0 lekt fojks/kh fØ;k dyki ds vUrxZr dk;Zokgh dh tk;s A 4& fdlh fxjksg ds fo:) dk;Zokgh izkjEHk djus ds fy, Fkkuk/;{k }kjk fxjksg ds vkijkf/kd fooj.k dk mYys[k djrs gq, pkVZ rS;kj fd;k tk;sxk rFkk pkVZ ds vfrfjDr fxjksg ds fdz;k dykiksa dk fooj.k nsrs gq, rFkk fxjksg ds fdu&fdu O;fDr;ksa ds fo:) dk;Zokgh fd;k tkuk izLrkfor gS] mldk Li"V mYys[k djrs gq, izfrosnu izLrqr fd;k tk;sxk tks {ks=kf/kdkjh rFkk vij iqfyl v/kh{kd dh Li"V laLrqfr ds ckn ofj"B iqfyl v/kh{kd@iqfyl v/kh{kd dks izLrqr fd;k tk;sxk A 5& ofj"B iqfyl v/kh{kd@iqfyl v/kh{kd izHkkjh vius Lrj ij fxjksg ds lnL;ksa ds vkijkf/kd fooj.k rFkk muds fØ;k dykiksa dk Hkyh Hkakfr ijh{k.k ds mijkUr ftykf/kdkjh ds lkFk fopkj&foe'kZ djds lwph dks vfUre :i iznku djsaxsA 6& izfrosnu rFkk xSax pkVZ ij ofj"B iqfyl v/kh{kd@iqfyl v/kh{kd ,oa ftykf/kdkjh ds vuqeksnu ds mijkUr vfxze dk;Zokgh dh tk;sxh A 7& bl vf/kfu;e ds vUrxZr iathd`r vfHk;ksxksa dh foospuk vfuok;Zr% Fkkuk izHkkjh }kjk dh tkuh pkfg, A 8& bl vf/kfu;e ds vUrxZr iathd`r vfHk;ksxksa dh foospuk ds ckn vkjksi&i= Hkstus ls iwoZ ftykf/kdkjh ls lgefr izkIr dj yh tk;sxhA 9& foospuk dh vof/k esa ek0 mPpre U;k;ky; ds vkj0 ljyk cuke Vh0,l0 osy ,oa vU; esa ikfjr fu.kZ; fnukad 13 vizSy] 2002 dk Hkh vuqikyu fd;k tk;sA 19. Here, it is pertinent to mention here that above letters were issued by the D.G. Police and thereafter G.O. Dated 02.01.2004, pursuant to the direction given by this Court while deciding Writ Petition No. 6249/2003 Inre: Amar Nath Dubey Vs. State of U.P. 20. Noticing the above letter, and the direction contained in the order of Division Bench of this Court, Principal Secretary (Homes) issued yet another set of procedure/instruction mentioning therein the manner in which gang chart in relation to offences under the Gangsters Act has to be prepared. These were all ad hoc practices adopted by higher bureaucracy just to make a stop gap arrangement and an 3 All. Sanjay Verma Vs. State of U.P. 1023 effort to plug the void, in place of formal Rules as contemplated by Section 23 of the Act. Clause 2 of these instructions would indicate the details of information that has to be contained therein. The said instruction issued by Principal Secretary Homes, in the shape of Government Order is extracted herein below: - "la[;k 137 iz0la0@6&iq0&11&2003&581⁄4fjV1⁄2@2003 izs"kd] vfuy dqekj] izeq[k lfpo] m0iz0 'kkluA lsok esa] leLr ftykf/kdkjh] tuinh; ofj"B iqfyl v/kh{kd@iqfyl v/kh{kd] mRrj izns'kA x`g 1⁄4iqfyl1⁄2 vuqHkkx&11 y[kum fnukad 2 tuojh 2004 egksn;] ek0 mPp U;k;ky;] bykgkckn ds }kjk fjV ;kfpdk la[;k 6249@2003 vejukFk nqcs cuke m0iz0 jkT; ,oa vU; esa m0iz0 fxjksgcUn o lektfcjks/kh fØ;k dyki fuokj.k vf/kfu;e ds nq:i;ksx ij fpUrk O;Dr dh gSA ek0 mPp U;k;ky; us m0iz0 fxjksgcUn fuokj.k vf/kfu;e m0iz0 xq.Mk vf/kfu;e ,oa ,u0Mh0ih0,l0 vf/kfu;e ds lE;d mi;ksx gsrq vko';d fn'kk funsZ'k tkjh djus ,oa nq:i;ksx jksdus gsrq ;Fkksfpr dne mBkus ds fy, dMs funsZ'k fn;s gS A bu vf/kfu;eksa ds lE;d lnqi;ksx djus ,oa buds nq:i;ksx ds jksdFkke gsrq le; le; ij foLr`r funsZ'k iwoZ esa tkjh fd;s x;s gSA ijUrq ,slk izrhr gksrk gS fd bu vf/kfu;eksa dk nq:i;ksx jksdus ds fy, 'kklu@iqfyl egkfuns'kd] m0iz0 }kjk tks fn'kk funsZ'k tkjh fd;s x;s gS] mudk dMkbZ ls vuqikyu ugha fd;k tk jgk gSA vki lger gksxsa fd funksZ"k o fujijk/k O;fDr;ksa ds fo:) bu vf/kfu;eksa ds vUrxZr fn;s x;s vf/kdkjksa dk nq:i;ksx dqN vf/kdkfj;ksa }kjk fd;s tkus ds dkj.k 'kklu ,oa iqfyl foHkkx dh Nfo ij izfrdwy izHkko iMrk gSA vr% bl lEcU/k esa iqu% fuEufyf[kr fn'kk funsZ'k fn;s tk jgs gS] ftudk dM+kbZ ls vuqikyu lqfuf'pr fd;k tk;s& 1& leLr Fkkuk izHkkjh] {ks=kf/kdkjh] vij iqfyl v/kh{kd ofj"B iqfyl v/kh{kd@iqfyl v/kh{kd] izHkkjh tuin ,oa ftykf/kdkjh bl vf/kfu;e esa fn;s x;s izkfo/kkuksa dk v/;;u djds bldks Hkyh Hkafr le> ysaA bl gsrq ;g tku ysuk jgsxk fd tuin Lrj ij ,d dk;Z'kkyk vk;ksftr djk yh tk;s ftlesa lHkh vf/kdkfj;ksa ds vykok tuin ds ftyk 'kkldh; vf/koDrk& QkStnkjh ,oa T;s"B vfHk;kstu vf/kdkjh izHkkjh Hkh vo'; mifLFkr jgsA ;fn fdlh vf/kdkjh dh fdlh Lrj ij bu vf/kfu;eksa ds fdlh izkfo/kku ds ckjs esa fdlh izdkj dh dksbZ 'kadk gks rks bl dk;Z'kkyk esa mudk fujkdj.k djk fy;k tk;sA 2& bu vf/kfu;eksa ds lE;d iz;ksx djus] n:i;ksx jksdus ds lEcU/k esa bl vkns'k ds ek/;e ls fuEuor fn'kk funsZ'k vkidks fn;s tk jgs gSA d`i;k budk dMkbZ ls vuqikyu lqfuf'pr djk;s & m0iz0 fxjksgcUn ,oa lekt fojks/kh fØ;k dyki 1⁄4fuokj.k1⁄2 vf/kfu;e ds lE;d mi;ksx djus@nq:i;ksx jksdus ds lEcU/k esa fn'kk funsZ'k& 1& bl vf/kfu;e ds vUrxZr dk;Zokgh dsoy mUgha vijkf/k;ksa ds fo:) dh tk;s] ftudh vkijkf/kd xfrfof/k bl vf/kfu;e esa fn;s x;s izkfo/kku dh ifjf/k ds vUrxZr vkrh gS A