The Allahabad High Court has expressed deep displeasure over the preparation of arbitrary gang charts by police officers without following the provisions of the Gangster Act.
The Chief Secretary has been directed to issue guidelines to all District Magistrates, Divisional Commissioners, Police Commissioners and Superintendents of police to ensure strict compliance with the Gangster Act.
This order has been given by the division bench of Justice Anjani Kumar Mishra and Justice Arun Kumar Deshwal on the petition of Sanjani Mishra, alias Sanjayan Kumar Mishra.
In the petition, the validity of the FIR registered under the Gangster Act was challenged by the police preparing a gang chart without a charge sheet. The court has canceled the Gangster Act case registered against the petitioner in the Rajghat police station of Gorakhpur and has given permission to file a fresh FIR as per the rules.
The court said that due to the negligence of the police officers and the District Magistrate, innocent people are not getting protection, and on the other hand, criminal elements are escaping by taking illegitimate advantage of it. By signing the proforma in the petition, gang charts are being prepared without using discretion, which is contrary to the intention of the law.
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