The Allahabad High Court recently stayed criminal proceedings against an accused booked under the U.P. Gangsters Act, observing serious procedural lapses in the preparation and approval of the gang chart.
The order was passed in an application filed under Section 482 CrPC by one Sushil Kumar Gupta, who sought quashing of the charge sheet and the cognizance order passed by a Barabanki court in a case under Section 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986.
After hearing the parties, a bench of Justice Shree Prakash Singh noted that the gang chart—an essential document for invoking the Gangsters Act—appeared to have been prepared mechanically. It found that the recommendations of the police authorities and the approvals by senior officials, including the Superintendent of Police and District Magistrate, were typed in one go, raising doubts about whether any independent application of mind had taken place.
Referring to Rule 17 of the U.P. Gangsters Rules, 2021, the Court emphasized that authorities are required to exercise independent judgment while approving a gang chart. It also pointed out that the Rules mandate a proper discussion in a joint meeting of senior officials before granting approval. However, in the present case, the Court observed that such discussion was not reflected anywhere in the record.
The Bench questioned how meaningful consideration could have taken place when the entire approval process appeared to be completed in a single typed format, suggesting a routine or mechanical exercise rather than a careful evaluation of the facts.
The Court also took note of the Supreme Court’s ruling in Vinod Bihari Lal v State of Uttar Pradesh and Another, which laid down guidelines regarding the proper procedure for preparing gang charts. It observed that the procedure followed in the present case seemed to be in violation of those directions.
Finding that the applicant had made out a prima facie case, the Court directed the State to file a counter affidavit within three weeks. It also granted interim relief by staying further criminal proceedings, including the charge sheet and cognizance order, against the applicant until the next date of hearing.
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