State v. Ram Khilawan and others), arising out of Case Crime No
Case Details
Neutral Citation No. - 2025:AHC:137222 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29400 of 2025 Applicant :- Ankit Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sharique Ahmed Counsel for Opposite Party :- G.A.
Legal Reasoning
Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel appearing on behalf of applicant and learned A.G.A. for the State. 2. This application under Section 528 BNSS has been filed to quash the impugned charge sheet dated 19.01.2025 along with cognizance/summoning order dated 22.01.2025 and the entire proceedings of Session Trial No.116 of 2025 (State Vs. Ram Khilawan and others), arising out of Case Crime No.41 of 2024, under Section 3(1) of U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Nawabganj, District- Kanpur Nagar, pending in the court of learned Special Judge (Gangster Act)/Additional District Judge, Court No.3, Kanpur Nagar, only in respect of applicant herein. 3. Learned counsel for the applicant submitted that because of animosity with the Inspector in-charge of P.S. Nawabganj, the applicant has been falsely implicated in Case Crime No.254 of 2021, under Section 302, 120B and 420 IPC registered at P.S. Nawabganj, District Kanpur Nagar, in which applicant has been enlarged on bail by co-ordinate Bench of this Court vide order dated 16.01.2023 passed in Criminal Misc. Bail Application No. 48579 of 2022 and applicant has been falsely implicated under the provisions of Gangsters Act on the basis of the aforesaid case. Learned counsel for applicant further submitted that neither the applicant terrorized to anyone nor committed any offence, which may disturb the public peace, and also no evidence to this effect has been put-forth along with the gang-chart by the Investigating Officer. It has also been submitted by learned counsel for applicant that the gang-chart has been prepared hurriedly with preconceived notion and in violation of Rule 16(1)(2)(3) and Rule 17 of the U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021 as the concerned authorities have not applied their independent mind and falsely invoked the provisions of Gangsters Act in a mechanical manner without recording their subjective satisfaction over the gang chart as given in the prescribed format. 4. Per contra, learned AGA submitted that applicant is facing trial of heinous crime and is a perceived threat to the society, therefore, the police has invoked the provisions of the Gangsters Act against the applicant in accordance with the statutory provisions and rules framed thereunder. 5. This Court after hearing the rival submissions finds that the Division Bench of this Court in the case of Sanni Mishra @ Sanjayan Kumar Mishra [2024 (1) ALJ 642] has held in paragraphs 13,14,15,16 and 17 that while forwarding the gang chart competent authorities must apply their independent mind to the information mentioned in the gang chart as well as annexures annexed therewith. For ready reference the aforesaid paragraphs are quoted herein below:- "13. So far as the second contention of the petitioner is concerned regarding non-application of mind by the competent authorities while forwarding and approving the gang-chart, the same is liable to be considered in the light of the mandate of Rules 16 and 17 of the Gangster Rules, 2021. Rule 16(1) of the Gangster Rules, 2021 mentions that while forwarding the gang-chart by the Additional Superintendent of Police (Nodal Officer), he must record his satisfaction in clear words after perusal of gang-chart as well as attached forms, in the words mentioned in Rule 16(1) itself before forwarding the same to District Police Chief. Rule 16(1) of the Gangster Rules, 2021 is being quoted as under: 16.(1) Forwarding of the gang-chart 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. "Thoroughly studied the gang-chart and attached evidence. The basis of action under the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986 exists. Accordingly forwarded with recommendation." 14. Similarly, Rule 16(2) of the Gangster Rules, 2021 further mandates the District Police Chief to record his satisfaction that all the formalities of the Gangster Act, 1986 have been fulfilled as well as all the particulars mentioned in gang-chart are correct and there is a satisfactory basis for taking action, only then he will forward the gang-chart. Rule 16(2) of the Gangster Rules, 2021 is being quoted as below: 16.(2) Forwarding of the gang-chart 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 analyze 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. 15. Similarly, Rule 16(3) of the Gangster Rules, 2021 further provides that the District Magistrate or Commissioner of Police, after receiving the gang-chart from the District Police Chief, will again peruse the record and he will record his satisfaction that satisfactory ground exists for taking action under the Gangster Act, 1986 before approving the same. Rule 16(3) of the Gangster Rules, 2021 is being quoted as under: "16(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 peruse 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." 16. Rule 17 of the Gangster Rules, 2021 further provides that competent authorities, before forwarding the gang-chart must apply an independent mind to the information mentioned in the gang-chart as well as evidence annexed therewith. Rule 17(2) of the Gangster Rules, 2021 further provides that pre-printed rubber seal gang-chart should not be signed by the competent authorities because the same shall amount to not exercising independent mind. Rule 17 of the Gangster Rules, 2021 is being quoted as under: 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 shall tantamount to the fact that the competent authority has not exercised its free mind." 6. 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 should also 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. 7. For all the reasons recorded above, the Court is of the view that at the stage of preparing and approving the gang-chart on the basis of materials placed, the competent Authorities should have satisfied themselves that there is a legal basis and justification for taking and pursuing action against the accused under the Act of 1986. At the stage of approval of the gang-chart, the approving Authority has to be satisfied that a case for action under the Act of 1986 is made out and that satisfaction should be reflected from the gang chart and other records. But in this case, the competent authorities, unhesitatingly just paid lip service to the legislative mandate and unfortunately had undertaken the whole exercise of preparation and approval of the gang chart as a ritualistic formality without due application of mind. 8. After considering overall facts and circumstances and material on record, impugned charge sheet dated 19.01.2025 along with cognizance/summoning order dated 22.01.2025 and the entire proceedings of Session Trial No.116 of 2025 (State Vs. Ram Khilawan and others), arising out of Case Crime No.41 of 2024, under Section 3(1) of U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Nawabganj, District- Kanpur Nagar, pending in the court of learned Special Judge (Gangster Act)/Additional District Judge, Court No.3, Kanpur Nagar, are hereby quashed. 9. Accordingly, the instant applicant stands allowed. 10. However, it is made clear that this order shall not preclude the concerned authorities to initiate fresh proceedings against applicant, if required, after following due procedure of law. Order Date :- 12.8.2025 Saif Digitally signed by :- Digitally signed by :- SHAIKH SAIF ABDIN SHAIKH SAIF ABDIN High Court of Judicature at Allahabad High Court of Judicature at Allahabad