Apprise DMs of guidelines, directions to prepare gang chart, HC tells chief secy
Lucknow, July 6 -- The Lucknow bench of the Allahabad high court has directed the Uttar Pradesh chief secretary to apprise all the district magistrates of the guidelines and directions issued by the high court and the Supreme Court regarding the preparation of a gang chart for the invocation of the Gangsters Act.
With this direction, the court allowed a petition, quashing the impugned FIR registered under Sections 2(b)(i) and 3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, against two petitioners.
A vacation division bench of Justice Alok Mathur and Justice Arun Kumar Singh Deshwal passed the order on June 27 on a petition filed by Shabbir Husain and another person seeking directives to quash the FIR lodged against them at Bhira police station in Lakhimpur Kheri district.
The court directed, "A perusal of the gang chart also shows that the District Magistrate, Lakhimpur Kheri has approved the gang chart on 21.03.2025."
"This fact shows that a training programme conducted by the State Government has no effect on the District Magistrate, Lakhimpur Kheri and even she ignored the guidelines of the State Government dated 02.12.2024 and approved the gang chart in utter violation of the direction issued by the High Court Allahabad as well as Supreme Court. Therefore, Chief Secretary, Govt. of U.P. is directed to look into this issue and shall apprise all the District Magistrates about the guidelines and directions issued by the High Court and Supreme Court regarding preparation of gang chart for invocation of Gangsters Act and if required, a fresh training programme be initiated for the competent authorities under the Gangsters Act."
The court said, "In the present case, from the perusal of the gang chart, it is clear that while approving the gang chart, the District Magistrate simply mentioned "discussed with Superintendent of Police and Committee and proposal approved".
"This is absolutely non-application of mind and also not in consonance with the U.P. Gangster Rules as well as clear violation of judgements of this Court in Sunni Mishra @ Sanjayan Kumar Mishra (supra) and Abdul Lateef @ Mustak Khan (supra) as well as the judgements of Supreme Court in the case of Vinod Bihari Lal (supra) and Lal Mohammad (supra)."
The high court allowed the petition quashing the impugned FIR lodged against the petitioners along with the gang chart....
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