VINOD BIHARI LAL versus STATE OF UTTAR PRADESH & ANR.

Citation: [2025] 5 S.C.R. 2448 · Decided: 23-05-2025 · Supreme Court of India · Bench: J.B. PARDIWALA · Disposal: Appeal(s) allowed

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Judgment (excerpt)

[2025] 5 S.C.R. 2448 : 2025 INSC 767
Vinod Bihari Lal 
v. 
State of Uttar Pradesh & Anr.
(Criminal Appeal No(s). 777-778 of 2025)
23 May 2025
[J.B. Pardiwala* and Manoj Misra, JJ.]
Issue for Consideration
Issue arose whether the High Court was justified in rejecting the 
applications filed u/s.482 Cr.PC by appellant for quashing the 
proceedings arising out of FIR u/s.2 and 3 of U.P. Gangsters & 
Anti-Social Activities (Prevention) Act, 1986, and the non-bailable 
warrants issued against the appellant respectively.
Headnotes†
Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) 
Act, 1986 – s.2(b) – Gang – Gang chart – FIR-Subject FIR 
alleging that the appellant, alongwith one DD, constituted an 
organized gang in terms of s.2(b) with the appellant acting as 
its leader, and that the gang is adept at committing economic 
offences involving fraud and cheating, being offences of the 
kind for personal, material, and pecuniary gain for themselves 
by forging documents – Application by the appellant u/s.482 
CrPC for quashing of the proceedings of the trial arising out 
of FIR u/ss.2 and 3 of the 1986 Act – Another application filed 
by the appellant u/s.482 CrPC for quashing of non-bailable 
warrants issued against the appellant passed by the Special 
Judge in the impugned proceedings – High Court rejected the 
applications – Challenge to:
Held: Chargesheet filed on completion of the investigation arrays 
only two accused, one of whom is the appellant, is devoid of any 
annexures or enclosures that might substantiate the allegations 
or, indicate that a genuine, impartial and transparent investigation 
was carried out – Statements attributed to the complainant and 
the witnesses mere verbatim reproductions of the subject FIR and 
the base FIRs – Contents of the chargesheet reflect a casual and 
* Author
[2025] 5 S.C.R. 
2449
Vinod Bihari Lal v. State of Uttar Pradesh & Anr.
cavalier attitude on the part of the investigating agency – Subject 
FIR was registered after approximately a year from the date of 
the registration of the first base FIR – Allegations in the base 
FIR do not, even in the remotest possibility, appear to have been 
committed with the object of disturbing public order or to gain any 
undue temporal, pecuniary, material or other advantage for himself 
or any other person – In the impugned proceedings, the appellant 
and one DD have been arraigned as gangsters, whereas in the 
three base FIRs, DD does not figure at all as an accused – In such 
circumstances, the gang-chart could not have listed the said three 
FIRs, as the base FIRs, against the appellant and DD together – All 
this raises serious doubts about the bona fides of the investigating 
agency and integrity of the investigation undertaken – In view of 
the vague and general allegations levelled in the subject FIR, 
requiring the appellant to stand trial would amount to abuse of the 
process of law – Non-interference in such a case would result in 
miscarriage of justice – High Court committed an egregious error 
in declining to quash the subject FIR and all further proceedings in 
pursuance thereof qua the appellant – Gang-chart was approved by 
the competent authority merely by affixing his signature on a pre-
printed gang-chart, an act that reflects complete non-application 
of mind and constitutes a violation of rr.16 and 17 of the Rules of 
2021 – Recommending, forwarding, and approving authority not 
mere rubber-stamping entities – Competent authority forwarded 
and approved the gang-chart without verifying whether it had been 
prepared in accordance with the Rules of 2021 – Registration 
of the subject FIR is in complete violation of the procedural 
safeguards – Materials garnered during the investigation only 
ignite conjectures and surmises, and do not make out a prima 
facie case to be proceeded against the appellant under the Act of 
1986 – Continuation of criminal proceedings against the appellant 
would result in undue harassment when there is no material 
against him – Impugned judgment and order whereby the High 
Court rejected the applications u/s.482 CrPC, by the appellant 
for quashing of the impugned proceedings; and for quashing of 
non-bailable warrants, set aside – Thus, the proceedings arising 
from the subject FIR quashed. [Paras 29-66]
Uttar Pradesh Gangster and Anti-Social Activities (Prevention) 
Rules, 2021 – rr.5, 16, 17 – Preparation of Gang Chart, in 
conformity with the Rules, 2021 – Explained. [Paras 

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