PRAYAGRAJ
Allahabad High Court has expressed displeasure over the working style of District Magistrates and Police officers in the actions taken under the Gangster Act. The court said that carelessness is proving fatal for innocents and a boon for dangerous criminals.
Passing the above said comment the division bench Comprising Mr Justice Anjani Kumar Mishra and Mr .Justice Arun Kumar Deshwal , while accepting the petition, of Sunny Mishra alias Sanjay Kumar Mishra the court canceled the FIR lodged against the petitioner.
According to prosecution the Rajghat police Gorakhpur registered an FIR against the petitioner under the Prevention of Gangster and Anti-Social Activities Act. On which the petitioner had approached the High Court challenging the legality of the FIR.
The petitioner’s advocate argued that the gang chart presented against the petitioner has been prepared on a printed Performa, in which the date of the charge sheet filed against the petitioner has not been mentioned.
While approving the gang chart prepared on the printed Performa, the District Magistrate neither exercised independent discretion nor recorded his own satisfaction regarding the allegations, which is a clear violation of Rules 16 and 17 of the Gangster Rules 2021.
The court found that in the present case, the gang chart against the petitioner has been prepared on a printed Performa and forwarded by the police to the District Magistrate for approval. In this, only the signatures of the District SSP and District Magistrate Gorakhpur have been made.
