Allahabad High Court Quashes Gangsters Act Case Against Ghaziabad Family, Questions Police Action

The Allahabad High Court has quashed proceedings initiated under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act against a Ghaziabad family, holding that the allegations arose from private financial and property disputes and did not establish the existence of an organised criminal gang as required under the law.

In a judgment delivered on June 3, Justice Vinod Diwakar set aside the Gangsters Act case registered against Rajendra Tyagi, his son Deepak Tyagi, and daughter-in-law Lalita Tyagi. The court found that the proceedings were based on two criminal cases involving alleged financial transactions and disputes over land-related payments. It observed that even if accusations of cheating or forgery were accepted at face value, they could not automatically justify invoking the stringent provisions of the Gangsters Act.

The court noted that authorities failed to produce any material demonstrating organised criminal activity, use of intimidation, disturbance of public order, or the functioning of a criminal gang. According to the judgment, mere allegations of financial wrongdoing were insufficient to satisfy the statutory requirements of the Act.

The High Court also expressed concern over the role of the then Commissioner of Police, Ghaziabad, Ajay Kumar Mishra, observing that the approval of Gangsters Act proceedings appeared to reflect a failure of proper supervision and scrutiny. Particular attention was drawn to the arrest of Lalita Tyagi, a homemaker, which the court described as unlawful and unsupported by specific allegations under the Act.

While quashing the proceedings, the court also reiterated the need for police authorities to exercise statutory powers carefully and in accordance with established legal principles.