In a significant ruling highlighting procedural lapses in invoking the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, the Allahabad High Court has quashed an FIR and gang chart against two individuals, citing serious violations of statutory norms and binding judicial precedents.
A Division Bench of Justice Alok Mathur and Justice Arun Kumar Singh Deshwal allowed a plea by petitioners Shabbir Husain and another, observing that the approval process of the gang chart was mechanical and lacked proper application of mind. The FIR was registered under Sections 2(b)(i) and 3 of the Gangsters Act.
The Court found that the District Magistrate of Lakhimpur Kheri failed to record the mandatory satisfaction as required under Rule 16 of the Gangsters Rules, 2021. Instead, the DM had simply noted “discussed with Superintendent of Police and Committee and proposal approved,” without documenting any substantive evaluation or joint meeting.
Referring to its earlier judgments in Sanni Mishra @ Sanjayan Kumar Mishra v. State of U.P. (2023), Abdul Lateef @ Mustak Khan v. State of U.P. (2024), and the Supreme Court's decisions in Vinod Bihari Lal v. State of U.P. (2025) and Lal Mohammad v. State of U.P. (2023), the Court underscored that such casual approvals undermine the legal safeguards built into the Act.
The Bench noted:
“The approval of the gang chart in the present case constitutes absolutely non-application of mind and is not in consonance with the U.P. Gangster Rules as well as clear violation of judgments of this Court and the Supreme Court.”
The Court added that public authorities “are not mere rubber-stamping entities” and that misuse of powers under the Gangsters Act cannot be allowed as a tool of harassment or intimidation.
Significantly, the Court observed that the training conducted by the State Government to sensitise officers on legal compliance appeared ineffective in this case. It directed the Chief Secretary of Uttar Pradesh to ensure all District Magistrates are made aware of binding legal guidelines and, if necessary, initiate fresh training programmes for competent authorities under the Act.
The Court clarified that while the current FIR and gang chart have been quashed, authorities are free to initiate fresh proceedings if done in accordance with law.
The Senior Registrar of the Court has been directed to communicate the order to the Chief Secretary for necessary compliance.
Case Title: Shabbir Husain and Anr. Vs. State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Ors.
Case No.: Criminal Misc. Writ Petition No. 5658 of 2025
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