AKBAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS bail application was heard on 9.11.2011 and again on 21.11.2011, and the court having found the Gang Chart in question to be prima facie deficient on account of incomplete information about the accused, called upon the signatories of the gang chart to explain as to why information relating to earlier antecedents of the applicant including another case under the U.P. Gangsters Act, 1986 had not been indicated which stands reflected from a perusal of the bail rejection order as also from the supplementary affidavit filed on behalf of the applicant on 1st November, 2011.

(2.) SRI A.K. Sand, Additional Government Advocate filed an affidavit on behalf of the then Station House Officer Mr. Mohd. Hasim giving his explanation about the reasons for not mentioning the criminal antecedents of the applicant in the gang chart. SRI Sand submits that in case there is any such deficiency as understood by this court, the same shall be taken care of in future. SRI Surendra Bahadur Singh learned AGA has placed the case diary and also other relevant material to indicate that the Investigating Officer has maintained the police diary by appropriately mentioning the antecedents of the accused and was shown to the court below.

(3.) WHAT transpired during the hearing of Writ Petition No. 6249 of 2003 was that in order to ensure that no cases of false implication recur either by any malpractice or motivated prosecution, the high court expressed its prima facie opinion with a direction to the Principal Secretary, Home and the Director General of Police to take up appropriate measures for the preparation of gang charts and streamlining of investigation so that no accused is unnecessarily harassed. These orders dated 14.10.2003 and 12th November, 2003 in the case of Amar Nath Dubey Vs. State of U.P. and others was noticed by the State Government and the Director General of Police on 24th October, 2003 wrote the following letter quoted hereinbelow:- ...[VERNACULAR TEXT OMMITED]... This was followed by another letter of the Director General of Police on 20.11.2003 quoted hereinunder:- ...[VERNACULAR TEXT OMMITED]...