HC upholds FIR lodged under Gangsters Act against ‘Dakaiti gang’

The Lucknow bench of the Allahabad high court has upheld an FIR under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 and dismissed a petition filed by Mohit Yadav, the alleged gang leader in a ₹6.8 lakh robbery in Lucknow’s Vikas Nagar area, where a jeweller’s employee was targeted by bike-borne assailants while returning after collecting payments last year. Thirteen accused of the ‘Dakaiti gang’ were named in the FIR.

While dismissing the plea, a bench of Justice Abdul Moin and Justice Pramod Kumar Srivastava, in an order dated April 20, held that the statutory requirement of a “joint meeting” between police officials for approving a gang chart is satisfied through collective deliberation and does not depend on officials recording signatures on the same day.

The FIR lodged under the Gangsters Act on March 17,2026 was challenged on the contention that the gang chart—forming the basis of the case—was not approved in a joint meeting as mandated under Rule 5(3)(a) of the 2021 Rules.

The counsel for the petitioner argued that endorsements on the gang chart were made on different dates, thereby failing to meet the requirement of a “joint meeting”. Reliance was placed on the Supreme Court’s recent Gabbar Singh vs State of Uttar Pradesh ruling to argue that procedural lapses could invalidate proceedings under the Gangsters Act.

Opposing the plea, the state submitted minutes of a meeting held on February 23, 2026, between the commissioner of police and the deputy commissioner of police (East), Lucknow, asserting that the gang chart had been duly discussed and approved, with formal endorsements recorded subsequently. ACP, Ghazipur, Anindya Vikram Singh confirmed the sequence of deliberation and approval.

Agreeing with the state’s position, the ACP informed the division bench held that the essence of Rule 5(3)(a) lies in collective decision-making rather than the timing of signatures. The court drew a clear distinction between substantive deliberation in a joint meeting and the procedural formalities that may follow in stages.

He explained that the bench further clarified that the process of forwarding and recommending the gang chart under Rule 16 is legally distinct and cannot be conflated with the requirement of prior deliberation in a joint meeting.

The high court held that the Supreme Court’s observations in the Gabbar Singh case were not applicable to the present facts, noting that authorities had “scrupulously followed” due procedure in this instance.

The court also observed that under the commissionerate system in Lucknow, the commissioner of police exercises powers akin to an executive magistrate, lending further legal validity to the approval process. Finding no merit in the petition, the high court dismissed the plea, effectively upholding the FIR.

THE CASE

“The case stems from a ₹6.8 lakh robbery in Lucknow’s Vikas Nagar area, where a jeweller’s employee, Amit Saini, was targeted by bike-borne assailants while returning after collecting payments (on March 28, 2025),” said ADCP East Amol Murkut.

The attackers not only snatched the cash but also his mobile phone, briefly abducted him on their motorcycle, and later abandoned him in a deserted stretch before fleeing through narrow lanes.

Subsequent investigation by UP STF and Vikas Nagar police revealed insider involvement, with the jeweller’s former driver, Prem Bahadur Singh, emerging as the key conspirator.

13 OF DAKAITI GANG NAMED IN FIR

“Total 13 accused of the Dakaiti gang were named in the FIR. Along with multiple sections, Section 111(2)(b) of the BNS—related to organised crime—was also invoked, besides provisions of the Gangsters Act, after their criminal history revealed several past cases registered against them,” said Vikas Nagar station incharge Alok K Singh

“The gang leader, Mohit Yadav, had challenged the technicalities of the process. However, the court upheld the police action and observed that the procedural requirements had been duly complied with,” the SO added.