Court Finds Procedural Lapses and Lack of Sufficient Evidence in Gang-Chart Approval and Subsequent Legal Proceedings
The Allahabad High Court, in a significant judgment, has quashed the charge-sheet and summoning order against Rameez Nemat under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. Justice Subhash Vidyarthi, presiding over the case, found substantial procedural irregularities and a lack of prima facie evidence to sustain the charges.
The petitioner, Rameez Nemat, had challenged the charge-sheet dated July 9, 2025, and the order by the Special Judge (POCSO Act), Balrampur, which took cognizance of the charge. The allegations against Nemat included being part of an organized gang involved in crimes such as land grabbing and murder for pecuniary advantages. The charge-sheet was based on an FIR lodged at Police Station Tulsipur, District Balrampur.
The court observed that the approval of the gang-chart by the District Magistrate appeared mechanical, lacking the necessary satisfaction regarding the disturbances to public order or any undue advantages as outlined under Section 2(b) of the Gangsters Act and Rule 3(1) of the U.P. Gangsters Rules, 2021. The judge noted that the gang-chart was prepared by the Inspector In-charge even before the alleged patrolling incident, undermining the credibility of the FIR.
Furthermore, the court highlighted the absence of credible evidence demonstrating that the alleged activities disrupted public order, a crucial element under the Gangsters Act. The judgment referenced previous Supreme Court rulings, emphasizing that mere association with a miscreant group without evidence of anti-social activities aimed at disturbing public order does not constitute a "gang."
The court also criticized the trial court for taking cognizance in a mechanical manner, without recording satisfaction regarding the fulfillment of legal conditions. Consequently, the charge-sheet and summoning order were deemed unsustainable.
This judgment underscores the judiciary's scrutiny over procedural adherence in cases under special statutes like the Gangsters Act, ensuring that charges are substantiated by solid evidence and due process.
Bottom Line:
Gangsters Act - Mechanical approval of gang-chart and lack of material to satisfy the conditions of Section 2(b) of the Gangsters Act and Rule 3(1) of the Gangsters Rules, 2021 render the charge-sheet and summoning order unsustainable.
Statutory provision(s): Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 Section 3(1), Rule 3(1) of the U.P. Gangsters Rules, 2021, Evidence Act, 1872 Section 114, Bhartiya Sakshya Adhiniyam, 2023 Section 119.
Rameez Nemat v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2914952
