Neutral Citation No. - 2025:AHC-LKO:4109-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 397 of 2025 Petitioner :- Vivek Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 2 Others Counsel for Petitioner :- Santosh Kumar Yadav,Rishabh Gupta Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Om Prakash Shukla,J. 1. Heard Sri Santosh Kumar Yadav, learned counsel for the petitioner and learned A.G.A. who appears on behalf of opposite party Nos. 1 and 2. 2. In view of the order proposed to be passed, issuance of notice to opposite party No.3 is dispensed with. 3. This petition has been filed by the petitioner for the following main prayer: "to issue a writ order of direction in the nature of Certiorari to quash the impugned First Information Report registered at Case Crime No. 0001/2025, dated 01.01.2025, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, Police Station Kotwali Dehat, District Sitapur, lodged by the opposite party no.3 against the petitioner which is contained as Annexure no. 1 to this writ petition." 4. It is a case of the petitioner that he has been falsely implicated in the impugned F.I.R. only on the basis of a single case. 5. Learned counsel for the petitioner has also submitted that the petitioner was not given a copy of the Gang Chart and, therefore, the same has not been filed. 6. Learned counsel for the State-respondents had been given time to produce the copy of the Gang Chart. 7. Learned A.G.A. has produced before this Court the copy of the Gang Chart. The Gang Chart is taken on record. 8. We have gone through the same. It appears that all the nine members whose names have been mentioned in the Gang Chart were found involved in the smuggling of "Ganja"(hemp), a narcotic substance and 104 Kg of "Ganja"(hemp) was recovered. 9. Learned counsel for the petitioner has stated that there is no application of mind on behalf of Superintendent of Police in approving the Gang Chart. 10. We have gone through the papers produced by the learned A.G.A.. In the Gang Chart, there is detailed mention of the opinion of not only the Additional Superintendent of Police, but also of the Superintendent of Police-Sri Chakresh Mishr, while approving the Gang Chart. The District Magistrate has also found satisfactory grounds for invoking of the Gangster Act. 11. At this stage, learned counsel for the petitioner has pointed out Rule 19 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021. It is a case of the petitioner that the investigation with regard to the offence has to be done by the Station In-charge/Station House Officer/Inspector of a different police station, and not necessarily from the police station concerned. 12. Rule 19 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021 (herein after referred as "Rule 19 of Rules, 2021), reads as under: "19. Investigation to be done by different Police Station.- (1) After getting the approval from the Commissioner of Police/District Magistrate and subsequently after the registration of the case under the Act in the concerned police station, the investigation will be done by the Station In-charge/Station House Officer/Inspector of a different police station, and not necessarily from the police station concerned." (2) In the investigation, all concerned or the Station House Officer or the Inspector-in-Charge, as the case may be, shall be bound to provide all the requisite co-operation to the Investigator." 13. From a perusal of the Rule 19 of Rules 2021, which is quoted here-in-above, we find that this is after the registration of the F.I.R. under Section 2/3 of U.P. Gangsters and Anti- Social Activities (Prevention) Act and relates to investigation, such Rule 19 of Rules 2021 does not prohibit the lodging of the F.I.R., therefore, we do not find any good ground to show interference. 14. The writ petition stands dismissed. Order Date :- 22.1.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench