Allahabad High Court
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 4314 of 2025 Anoop State of U.P. and Another Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) : Girijesh Kumar Gupta, Shiv Shankar Counsel for Opposite Party(s) : G.A. Pd Gupta Court No. - 77
Legal Reasoning
HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Shri Girijesh Kumar Gupta, learned counsel appearing on behalf of applicant and the learned AGA. 2. The instant application has been preferred with prayer to quash the entire proceedings in Session Trial No.58 of 2022 State vs. Atul and others pending in the court of Additional District & Sessions Judge/Fast Track, Court II, Hapur in impugned charge-sheet dated 25.11.2021 and impugned cognizance order dated 28.1.2022 passed by learned Additional District & Sessions Judge/Special Judge, Gangster Act, District Hapur in F.I.R. dated 26.08.2021 in Case Crime No.0459 of 2021 under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Pilkhua District Hapur. 3. On previous occasion time was extended in favour of learned AGA for seeking instructions over legal issues argued at the behest of the applicant. It is apparent from the order sheet that the matter was initially heard at length on dated 13.02.2025 by a Coordinate Bench of this Court, whereupon the initial time was extended in favour of learned AGA for two weeks but till today, after a gap of near about six months the general instructions have been received by learned AGA wherein only criminal history has been indicated by concerned officer who provided the instructions but at the same time certain procedure which has not been conducted at the time of implicating applicant and proceeding against him strictly in accordance with the procedure which has been notified by the State of Uttar Pradesh on dated 2.1.2004 for executing certain compliances which have been mandated as per the Gangster Act but in absence of the specific Rules the guidelines and the notification issued by the State of Uttar Pradesh was mandatory to be followed by concerned authorities who were responsible for preparation of the gang chart, forwarding and approval of the gang chart and thereafter preferring charge sheet in pursuance of the same. 2 NA528 No. 4314 of 2025 4. No useful purpose will be served by way of keeping the matter pending only at the behest of getting for detailed pointed descriptive instructions, since learned counsel for the applicant sought the attention of the court over the Government Order dated 2.1.2004 which has been issued for necessary compliance for conducting the proceeding for preparation of the gang chart in implication of certain criminals into gangster proceedings, wherein the guidelines contained under para-7 is specific in nature and re- produced herebelow: "7- इस अिधिनयम के अन्तगर्त पंजीकृ त अिभयोगों की िववेचना अिनवायर्तः दूसरे थाने के ्ऺभारी ्षारा की जानी चािहए।" 5. By plain reading of the above mentioned guidelines it was made compulsory that the matter must be investigated by the concerned police authority who is not belonged to or posted to the same same police station where the First Information Report under the Gangster Act has been registered against any accused. 6. In the instant matter, First Information Report has been registered at Police Station Pilakhuwa, District Hapur and it is apparent from the charge sheet that the entire prosecution conducted by Station House Officer, Pilakhuwa which is in gross violation of the guidelines framed by the State of Uttar Pradesh through Government order dated 2.1.2004. 7. The guidelines which has been framed before commencement of the Rules of 2021 was by and large having the statutory guidelines after considering all practical aspect in execution of the Special Act, where the misuse has to be reduced to the 0% and its applicability for public at large has to be minimized upto 100% and as such the opening heading under which para-7 is covered is highlighted in bold that these guidelines are being framed and must be followed by the authorities concerned to stop the misuse of the proceedings for implication of the accused under the Gangster Act. involved 8. After hearing the arguments raised by learned counsel for the applicant, it is crystal clear that the pious intention for framing the guidelines was to reduce the misuse of the powers vested with Inquiry Officer so that the same had been specifically mentioned that the Inquiry Officer may not be from the same police station where the First Information Report has been registered, but in the instant matter what to say about the other police authorities, it is the Station House Officer of the same police station i.e, Pilakhuwa, District Hapur who had been the Enquiry Officer and conducted the Inquiry by way of implicating the applicant under the gangster proceedings after preparation of gang chart. Learned counsel for the applicant also submitted certain irregularity while preparation of the gang chart but at the same time the only ground sufficient for acceding the prayer as made through the instant application i.e, for quashing the entire proceedings arising out of Case Crime No.0459 of 2021 that the inquiry has been conducted by the 3 NA528 No. 4314 of 2025 Station House Officer of the same police station where the First Information Report has been registered which is contrary to the guidelines issued by the State Government of Uttar Pradesh itself vide Government Order dated 2.1.2004. 9. In view of the aforementioned facts and circumstances of the case, entire proceedings of charge sheet dated 25.11.2021 which is the outcome of the investigation conducted by Station House Officer of the same police station where First Information Report has been registered is hereby set aside, it goes without saying that the consequential order thereto will also be not given any effect to. 10. Superintendent of Police, Hapur is hereby directed to handover the inquiry to some another police authority who is not posted in the same police station i.e, Pilkhua District Hapur . 11. It is apparent from the records that First Information Report has already been registered as Case Crime No.0459 in the year 2021 itself and the illegality persisted cannot be perpetuated once it is apparent from the records that the same has already been rectified in the preceding paragraph of this order itself. 12. Learned Special Judge, Gangster Act is hereby also directed not to proceed in this matter till the fresh chargesheet is not preferred by concerned Investigating Officer strictly in consonance with the guidelines framed by State of Uttar Pradesh which has been modified from time to time and extended till 2018. 13. Application stands partly allowed. September 11, 2025 Rakesh (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad