UP Gangsters Act Misused? Allahabad High Court Pulls Up Former Ghaziabad Police Commissioner

The Allahabad High Court recently quashed criminal proceedings under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act against a Ghaziabad family, holding that the allegations stemmed from property and financial transactions and did not disclose the existence of an organised criminal gang.

In a strongly-worded judgment delivered on June 3, Justice Vinod Diwakar set aside the entire proceedings against Rajendra Tyagi, his son Deepak Tyagi and daughter-in-law Lalita Tyagi arising out of FIR No. 101 of 2023 registered at Nandgram police station in Ghaziabad.

Court found that the Gangsters Act had been invoked on the basis of two FIRs involving financial dealings connected to land transactions and alleged non-payment of money. It observed that even if allegations of cheating or forgery were assumed to be true, they could not automatically be treated as evidence of an organised gang operating within the meaning of the Act.

Why did the high court reject the Gangsters Act charges?

The high court said there was no material on record showing violence, intimidation, coercion, disturbance of public order or any organised criminal activity that could satisfy the ingredients of Section 2(b) of the Act.

"The accused may have committed offences of cheating and forgery; however, the same does not amount to, and cannot be construed as, running an organised gang," court observed.

Court further noted that despite specific directions, authorities failed to place before it any material showing how the alleged gang operated or how its purported earnings had been calculated. "No such material has been produced before this court, except bald assertions," the judgment recorded.

Court's remark on the then Commissioner of Police and abuse of his powers

One of the sharpest parts of the judgment concerns the role of the then Commissioner of Police, Ghaziabad, Ajay Kumar Mishra.

After examining records and affidavits, court observed that Mishra "appears to have misused and abused the authority vested in him" while initiating proceedings under the Gangsters Act against the applicants.

Court held that he failed to properly supervise the investigation and failed to exercise effective supervisory control over subordinate officers. It noted that in cases of this nature, directions flow from the office of the Commissioner of Police and therefore responsibility cannot be avoided.

Court ultimately concluded that the proceedings approved under his watch neither satisfied the requirements of the Gangsters Act nor justified the arrests that followed.

Court expressed particular concern over the arrest of Lalita Tyagi, a homemaker and daughter-in-law of Rajendra Tyagi.

According to the judgment, she was arrested the day after the Gangsters Act FIR was registered and spent nearly 80 days in judicial custody. The court found that the charge sheets did not contain any specific allegation against her that could satisfy the requirements of the Gangsters Act.

Calling the action unlawful, court said her arrest was "patently illegal, arbitrary, and wholly unwarranted in law" and reflected a complete failure to apply settled principles governing arrests.

Police powers being misused?

Beyond the individual case, the judgment contains sweeping observations about policing in Uttar Pradesh.

Court said the real issue was not the Commissionerate system itself but the recurring misuse of police powers and over-application of stringent laws. It observed that harsh provisions were frequently invoked against petty offenders while major organised criminal networks often escaped effective action.

In a broader criticism of administration, court remarked that arrests are sometimes made without due process, FIRs are registered or suppressed for ulterior motives, and preventive detention laws are invoked arbitrarily. It also warned that selective investigation and selective prosecution are contrary to the rule of law and erode public trust in governance.

While refraining from imposing harsher consequences, cvourt directed Ajay Kumar Mishra, now serving as Inspector General of Police, Prayagraj Range, to remain "vigilant and circumspect" and discharge his functions with balanced judgment, institutional restraint and scrupulous adherence to law. The Gangsters Act proceedings were consequently quashed in their entirety.

Case Title: Rajendra Tyagi and 2 Others vs State of Uttar Pradesh and Another

Bench: Justice Vinod Diwakar

Judgment Date: 3 June 2026