The Allahabad High Court, while hearing a petition seeking quashing of proceedings in a case registered under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 at Sihani Gate police station in Ghaziabad district, held that no violation of the U.P. Gangster and Anti Social Activities (Prevention) Gangster Rules, 2021 was established in the process of preparing the gang chart and initiating prosecution against the applicant.
Upon perusal of the record, the Court found that the gang chart mentioned the date of completion of investigation in the base case and that the competent authorities had approved it in a joint meeting after recording their handwritten satisfaction. Therefore, it could not be said that Rules 5, 8, 16 or 17 of U.P. Gangster and Anti Social Activities (Prevention) Gangster Rules, 2021 had been violated.
The Court clarified that,
“So far as the violation of Rule 10 of the Rules, 2021 is concerned, submission is that there should exist a certified copy of the charge-sheet at the time of making draft of gang chart. I find that the charge-sheet has been prepared by the Investigating Officer under his signature in the base case on 20.09.2024 and the investigation had already been completed before preparation of the gang chart on 21.09.2024.”
The order was passed by the single bench of Justice Vivek Kumar Singh while dismissing the petition filed by Smt. Jyoti Suri. The petitioner had sought quashing of the special sessions trial, the charge-sheet, and the cognizance order.
In the petition, it was contended that the gang chart mentioned only one base case, that the procedure of a joint meeting had not been followed, and that a certified copy of the charge-sheet had not been annexed, and that the provisions of Gangsters Act had been invoked in violation of the Rules.
However, the State argued that the gang chart had been prepared only after completion of investigation in the base case, that the competent authorities had considered and approved it in a joint meeting, and that all necessary formalities had been complied with.
After considering the facts, the Court held that it was not necessary to annex a court-issued certified copy of the charge -sheet along with the gang chart.
“Therefore, there should have been a copy duly certified by the officer only who is having control over the document and it is nowhere required that it has to be a certified copy having been issued by the court of law. Rule 10 of Rules, 2021 nowhere says that copy of the charge-sheet has to be a copy certified by the court. Therefore, there is no violation of Rules 10(1) of the Rules, 2021.”
The Court further observed that a copy of the charge-sheet prepared by the Investigating Officer was sufficient and that provisions relating to certification are primarily connected with the stage of trial.
Referring to the Supreme Court’s decision in Shraddha Gupta vs The State of Uttar Pradesh, the Court also held that the Gangsters Act can be invoked even on the basis of a single base case and that multiple criminal antecedents are not mandatory.
The Court observed that,
“…………..I find that in the present case satisfaction has been recorded as per Rules, 2021 and Form-I of the Gangster Act, which provides the format of the gang chart. I, therefore, find that the satisfaction was recorded by the authorities in the manner as per the provisions of the Rules, 2021 and it cannot be said that satisfaction was not recorded in accordance with the Rules, 2021.”
Accordingly, the Court held that the preparation and approval of the gang chart and the filing of the charge-sheet were in accordance with law and disclosed no illegality warranting quashing of the proceedings.
Case: Smt. Jyoti Suri vs State Of U.P. And 2 Others
Date of Order: 05.02.2026
