KAMALVEER SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of the instant writ petition the First Information Report, lodged under Sec. 3(1) of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as the "Gangster Act, 1986"), dtd. 22/11/2023 which had given rise to Case Crime No. 861 of 2023 has been challenged.

(2.) Brief facts which preceded the lodging of the first information report are as follows:

(3.) In the instant case, we are concerned with the first information report which was lodged on 22/11/2023 under the Gangster Act, 1986. After the first information report was lodged, the instant writ petition was filed on the ground that the exercise as was required to be undertaken by the Authorities under the U.P. Gangster and Anti Social Activities (Prevention) Rules, 2021 (hereinafter referred to as the "Gangster Rules, 2021") for coming to the conclusion that the applicant was in fact to be proceeded with as a gangster under Sec. 2(b) and (c) of the Gangster Act, 1986 was not followed. Learned counsel for the petitioner submitted that when the Gangster Act, 1986 was enacted, there was always an apprehension that the Authorities were misusing the Act in question and that when the accused in the base cases, on the basis of which the Gangster Act, 1986 was being invoked, was bailed out then the accused was invariably being implicated under the Gangster Act, 1986. Learned counsel for the petitioner has submitted that when the Gangster Act, 1986 was enacted there was always a fear that without prima facie concluding that a person was a gangster, the first information report was being lodged. Learned counsel for the petitioner states that the High Court by its orders dtd. 14/10/2003 and 12/11/2003 in the case of Amarnath Dubey vs. State of Uttar Pradesh and Anr. passed in Criminal Misc. Writ Petition No. 6249 of 2003 had directed the State to take appropriate measures for the preparation of gang chart and for the streamlining of the investigation so that no accused was unnecessarily harassed. He pointed out to two communications of the Director General of Police dtd. 24/10/2003 and 20/11/2003 which were an effort to streamline the lodging of the first information report under the Gangster Act, 1986. Thereafter, in that very writ petition, the Principal Secretary of the State of U.P. on 2/1/2004 issued certain directions with regard to the preparation of the gang chart in relation to the offences under the Gangster Act, 1986. Thereafter, learned counsel for the petitioner submits that the State ultimately promulgated the Gangsters Rules, 2021 and he specifically referred to Rules 5, 16, 17, 18 and 24 and therefore the same are being reproduced here as under: