GABBAR SINGH ALIAS DEVENDRA PRATAP SINGH ALIAS RAJESH SINGH, vs. STATE OF U.P. — Supreme Court judgment on Gang Chart procedure

GABBAR SINGH ALIAS DEVENDRA PRATAP SINGH ALIAS RAJESH SINGH, vs. STATE OF U.P. — Supreme Court judgment on Gang Chart procedure

Meta: GABBAR SINGH ALIAS DEVENDRA PRATAP SINGH ALIAS RAJESH SINGH, vs. STATE OF U.P.: Supreme Court judgment on Gang Chart procedural compliance; FIR No.0125/2022 quashed.

INTRODUCTION

GABBAR SINGH ALIAS DEVENDRA PRATAP SINGH ALIAS RAJESH SINGH, vs. STATE OF U.P. — Supreme Court judgment concerns whether the Gang Chart and the procedure prescribed under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 and the Rules of 2021 were followed. The Court allowed the appeals and quashed FIR No.0125 of 2022 dated 28.05.2022 registered at Police Station Kotwali Nagar, District Bahraich.

QUICK FACT BOX

Parties: Gabbar Singh Alias Devendra Pratap Singh Alias Rajesh Singh (Appellant) v. State of U.P. and Ors.

Court: Supreme Court of India

Citation: 2026 INSC 271

Judgment date: MARCH 20, 2026

Case details: Criminal Appeal / Special Leave Petition (Crl.) No.17929-17930 of 2025

FIR quashed: FIR No.0125 of 2022 dated 28.05.2022

Statute involved: Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986; Rules of 2021

BACKGROUND OF THE CASE

The appellant is Gabbar Singh alias Devendra Pratap Singh alias Rajesh Singh. The respondents include the State of U.P. and other police and administrative officers.

FIR No.0125 of 2022 dated 28.05.2022 was registered under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 at Police Station Kotwali Nagar, District Bahraich.

The FIR relied solely on a Gang Chart produced as Annexure 2. The High Court, after perusal of the Gang Chart and related records, found a prima facie case and declined the petitioners' prayer for quashing the FIR. The appeals were filed against the impugned orders declining quashing of the FIR and rejecting review of that order.

LEGAL ISSUE BEFORE THE SUPREME COURT

The main question before the Court was: whether the Gang Chart and the procedure prescribed under the Act of 1986 and the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021 had been complied with, including prescribed recommendations, signatures and the joint meeting and approvals required under Section 5 and the Rules.

SUPREME COURT ANALYSIS

The Court noted that the Gang Chart accompanying the FIR as Annexure P1 did not show the mandated written recommendations or signatures of the officers as prescribed in the Rules of 2021.

The Court referred to Section 5(1)–(3) as noticed in Vinod Bihari Lal and observed that Section 5(2) requires presentation to the District Head of Police after clear recommendation of the Additional Superintendent of Police with details of activities. Section 5(3) requires approval of the Gang Chart after due discussion in a joint meeting of the Commissioner/District Magistrate and the Senior Superintendent/Superintendent of Police.

The Court observed Rule 16(1) requires the Additional Superintendent of Police to take quick forwarding action on receipt of the Gang Chart from an SHO with an express recommendation, and that the Senior Superintendent/Superintendent of Police must forward the same to the Commissioner/District Magistrate.

The Court recorded that the certified copy of the Gang Chart received from the Court did not have the signatures of the various authorities, including the Nodal Officer, and that there was no indication of the joint meeting or the express recommendations required by the Rules in the certified copy.

The Court stated that there is no prescription in the Rules for forwarding the Gang Chart to the Court before it acquires the status of a Gang Chart under the Act and Rules, which process must culminate in the joint meeting and signatures.

The Court relied on the principle stated in the judgment that when a particular thing is to be done, it should be done in the manner stipulated, especially where individual liberty is at stake.

The Court clarified that the prescription under Section 5(3)(d) does not disable authorities from taking action in accordance with the Act and Rules merely because crimes are mentioned in the quashed Gang Chart.

FINAL VERDICT

The appeals are allowed.

The impugned orders of the High Court are set aside.

FIR No.0125 of 2022 dated 28.05.2022 registered at Police Station Kotwali Nagar, District Bahraich is quashed on grounds of procedural irregularity in the Gang Chart.

The Court made clear that the quashing was on grounds of procedural irregularity and did not decide on the allegations in the underlying criminal cases.

Pending applications, if any, are disposed of.

WHY THIS JUDGMENT MATTERS

The judgment explicitly states the principle that prescribed statutory procedure must be followed and that the Gang Chart must show the required recommendations, approvals and signatures as mandated by the Act and Rules. The Court also explicitly stated that authorities are not disabled from taking action in accordance with the Act and Rules merely because the crimes were mentioned in the quashed Gang Chart.

CONCLUSION

The Supreme Court in GABBAR SINGH ALIAS DEVENDRA PRATAP SINGH ALIAS RAJESH SINGH, vs. STATE OF U.P. allowed the appeals and quashed FIR No.0125 of 2022 dated 28.05.2022 for failure to comply with the procedural prescriptions for a Gang Chart under the Act and the Rules of 2021. The Court stressed strict compliance with statutory procedure.

(Supreme Court judgment dated MARCH 20, 2026)