The Allahabad High Court at Lucknow has quashed proceedings initiated against Babboo Shah under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, holding that the gang chart forming the basis of the case was approved without showing proper deliberation or independent application of mind.
Justice Manish Mathur passed the order on September 15, 2026, in a petition filed under Section 482 of the Code of Criminal Procedure. The Court found that the statutory safeguards and administrative instructions governing preparation and approval of a gang chart had not been properly followed.
Background of the Case
The proceedings arose from Crime No. 417 of 2021 registered at Payagpur Police Station in Bahraich under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.
A gang chart was prepared against the petitioner, referring to three criminal cases involving allegations under various provisions of the Indian Penal Code. The chart was forwarded on November 10, 2021, and was approved by the Additional Superintendent of Police and Superintendent of Police on November 11, 2021, followed by approval from the District Magistrate on November 15, 2021.
The petitioner argued that the approvals were merely recorded on a pre-prepared, cyclostyled gang chart and did not demonstrate that the authorities had independently examined the material or discussed the criminal history before approving it.The State opposed the plea, arguing that the approvals recorded on the gang chart showed that the required consultation had taken place. It also contended that later Uttar Pradesh Gangsters Rules, 2021 could not be applied because the gang chart had been prepared before those Rules came into force.
Court's Observation
Justice Manish Mathur noted that the gang chart had to be examined under the Circular dated October 24, 2003 and Government Order dated January 2, 2004, which were applicable when the chart was prepared.
These instructions required the Superintendent of Police to properly examine the criminal history and activities of the person concerned and finalise the list after consultation with the District Magistrate. Approval of the gang chart was to follow thereafter.
The Court stressed that preparation of a gang chart could not be treated as a routine administrative exercise because of the serious criminal consequences that may follow.
"Although a perusal of Circular and Government Order does not in any manner stipulate that the application of mind and deliberation is required to be indicated in the gang chart with the only stipulation indicated of its approval but the said aspect can very well be considered in the light of judgment rendered in the case of Vinod Bihari Lal."
The Court relied on the Supreme Court's decision in Vinod Bihari Lal v. State of U.P. and another, which held that the satisfaction of the approving authority is essential and must demonstrate independent application of mind. A mechanical or routine approval, the Supreme Court had held, cannot replace such consideration.
Applying those principles, the High Court found that neither the Superintendent of Police nor the District Magistrate had recorded reasons, deliberation or application of mind concerning the petitioner's criminal history.
The Court also noted that the two authorities approved the gang chart on different dates, with the Superintendent of Police approving it on November 11, 2021 and the District Magistrate on November 15, 2021. According to the Court, the record did not demonstrate any deliberation between them.
The Court further found that the trial court's cognizance order dated December 7, 2022 also did not adequately consider these aspects and had been passed in a routine manner.
Decision
The High Court held that the gang chart had been prepared in violation of the applicable Circular and Government Order and contrary to the principles laid down by the Constitutional Courts regarding application of mind and fairness in State action.
Consequently, Justice Manish Mathur quashed the gang chart dated November 15, 2021, the charge sheet dated February 19, 2022, the cognizance and summoning order dated December 7, 2022, and the entire proceedings arising from the concerned criminal case under Section 3(1) of the 1986 Act.
The petition was accordingly allowed.
Case Details:
Case Title: Babboo Shah v. State of U.P. Through Additional Chief Secretary, Department of Home, Lucknow and 2 Others
Case Number: Application U/S 482 No. 5222 of 2026
Judge: Justice Manish Mathur
Decision Date: September 15, 2026
