Allahabad High Court Flags Possible Misuse of Gangsters Act by Police, Grants Interim Relief

The Allahabad High Court recently took note of allegations that a Gangsters Act case was lodged against a man with mala fide intent and to “burnish the credentials” of the police, while making it clear that the issue required judicial scrutiny.

A division bench of Justice Ajay Bhanot and Justice Tarun Saxena passed the interim order in a criminal writ petition filed by Usman, who challenged the FIR dated September 21, 2025, registered as case under Section 3(1) of the Gangsters Act at Police Station Purani Basti in Basti district.

According to the petitioner, he had already been enlarged on bail in the solitary criminal case reflected in the gang chart prepared by the police. It was argued that the mandatory preconditions prescribed under the Gangsters Act for lodging an FIR had not been complied with in the present case. The plea further alleged that the prosecution was actuated by malafides and that the petitioner had been implicated merely to “burnish the credentials” of the police authorities.

During the hearing, reliance was placed on the Supreme Court’s decision in Salib @ Shalu @ Salim vs State of U.P. (2023 SCC Online SC 947). In that judgment, the apex court had cautioned that when an accused invokes the high court’s jurisdiction under Article 226 of the Constitution or Section 482 CrPC (Section 528 of BNSS) to seek quashing of criminal proceedings on the ground of mala fide intent, the court must look beyond the bare allegations in the FIR. The Supreme Court had observed that in cases of alleged vengeance or personal grudge, complaints are often carefully drafted to disclose the ingredients of an offence, and therefore, courts must examine the overall circumstances, including materials collected during investigation.

Taking note of the submissions, the Allahabad High Court observed that the matter needs consideration and directed the Additional Government Advocate to file a counter-affidavit before the next date of listing. The case has been directed to be listed after four weeks before the appropriate bench.

In the meantime, court granted interim protection to the petitioner by staying his arrest pursuant to the impugned FIR. The protection will operate till the next date of listing or till the filing of the police report under Section 173 of the CrPC (Section 193, BNSS) whichever is earlier.

However, the interim relief was made conditional. The petitioner has been directed to cooperate in the ongoing investigation. Court has also required the State, in its counter affidavit, to specifically disclose whether the petitioner has been cooperating with the police investigation or not.

The bench further clarified that the matter shall not be treated as part-heard or tied up to the present bench, leaving it open to be placed before the appropriate bench as per roster.

Case Title: Usman vs. State Of U.P. And 2 Others

Order Date: February 6, 2026

Bench: Justices Ajay Bhanot and Tarun Saxena