Case Note & Summary
The Supreme Court heard criminal appeals against High Court orders declining to quash an FIR registered under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The FIR No. 0125 of 2022 dated 28.05.2022 was filed at Police Station Kotwali Nagar, District Bahraich against the appellant and others alleging gang activities including land grabbing, extortion, and other offences. The High Court had refused to quash the FIR after examining the Gang Chart and finding prima facie case against the petitioners. The appellant's counsel restricted the challenge to procedural defects in Gang Chart preparation under the Act and 2021 Rules, arguing that the certified copy lacked required signatures and recommendations. The State contended that the Nodal Officer had forwarded the Gang Chart with proper signatures. The Court examined the procedural requirements under Section 5 of the Act and Rules, noting that the Gang Chart must contain recommendations from the Additional Superintendent of Police and approvals from Superintendent of Police and District Magistrate after joint meeting. The Court found that the certified copy of Gang Chart lacked these essential elements, and there was no evidence of the required joint meeting. Applying the principle that statutory procedures must be strictly followed when liberty is at stake, the Court held that the procedural irregularities vitiated the FIR. The Court quashed the FIR while clarifying that this decision did not affect other criminal cases mentioned in the Gang Chart, which could proceed independently. The appeals were allowed, setting aside the High Court orders and quashing the FIR.
Headnote
A) Criminal Law - Gangsters Act - Procedural Compliance - Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Section 5 - FIR quashed due to non-compliance with Gang Chart preparation procedure - Appellant challenged FIR under Gangsters Act alleging procedural irregularities in Gang Chart preparation - Court examined requirements under Section 5 and Rules of 2021 regarding recommendations and approvals - Held that certified copy of Gang Chart lacked required signatures and recommendations, and joint meeting of Superintendent of Police and District Magistrate was not evident - FIR quashed on grounds of glaring procedural irregularity (Paras 6-12). B) Criminal Procedure - Quashing of FIR - Procedural Defects - Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 - Strict compliance with statutory procedures required when liberty at stake - Court emphasized that when statutory procedure is prescribed, it must be followed strictly - Principle applied that when a particular thing is to be done in prescribed manner, it must be done so or not at all - Held that procedural irregularities in Gang Chart preparation vitiated the FIR registration (Paras 11-12).
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Issue of Consideration: Whether the FIR registered under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 was liable to be quashed due to non-compliance with the procedural requirements for Gang Chart preparation under the Act and Rules
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Final Decision
Appeals allowed, impugned orders of High Court set aside, FIR No. 0125 of 2022 dated 28.05.2022 registered at Police Station Kotwali Nagar, District Bahraich quashed
