IMPORTANT POINTS
(1) A person against whom a single FIR/charge sheet is filed for any of anti-social activities mentioned in section 2(b) of Gangsters Act, 1986 can be prosecuted under Gangsters Act.
(2) Provisions of statute are to be read and considered as it is.

JUDGMENT

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned order dated 27.09.2019 passed by the High Court of Judicature at Allahabad in Criminal Miscellaneous Writ Petition No. 21964 of 2019 and the subsequent order dated 10.11.2020 passed in Criminal Miscellaneous Review Application No. 2/2019, the original accused, Shraddha Gupta, against whom an FIR has been filed under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as the ‘Gangsters Act, 1986’), has filed the present appeals.

2. The facts leading to the present appeals in nutshell are as under:

That a written report was made by respondent no.4 herein (original informant) on 24.05.2016 to the effect that her sister and her family members had previous enmity with the accused persons, namely, (1) Shravan Kumar (husband of the appellant herein), (2) Guddu @ Sudhanshu, (3) Munna @ Brajendranth Sharma, (4) Kamal Sharma and (5) Bhure. That on 23.5.2016, her sister Kumari Sadhna Sharma, In-charge, DGC(Crl.) in the Court of the District Judge, Badaun, had gone to the Court on her scooty to pursue the cases on behalf of the Government. Bhure and others had a hearing date in the Court of District Judge, Badaun for appearance. At about 5:30 p.m. her sister was returning from Badaun to Ujhani, sitting on the rear seat of the scooty being driven by her servant Bihari. When the scooty reached near Balaji temple, they saw a car parked near the temple in which all the above-named accused were present. The car followed the scooty of her sister Sadhna and when she reached near Jiorlia village, the car of the accused rammed into her sister’s scooty with the result both Sadhna and Behari fell on the road. Then the accused drove their car towards her sister, stopped it near Behari and shouted, ‘kill this fellow also otherwise he may also give evidence’. The accused, however, ran away on the arrival of the people. The incident was witnessed by the passer-by and with their help Behari took her sister to Badaun hospital in a vehicle. Her sister Sadhna died in the hospital. The complainant further stated that she had come to the hospital at 11:00 on getting the information and lost her consciousness on seeing the dead body of her sister. The autopsy of the deceased was conducted in the night. When she regained her consciousness, Behari told her the entire incident. After making arrangements for the last rites of her sister, she came to the police station to lodge the report. The complainant alleged that she apprehends the association of the former BJP MLA Yogender Sagar in the entire conspiracy. On the basis of this report, a case under Section 147, 304, 504, 323, 506, 120-B IPC was registered against the above named six accused persons at P.S. Ujhani, District Badaun, vide Case Crime No. 337/2016 dated 24.05.2016.

2.1 That subsequently on 27.05.2017, a case under Sections 2/3 of the Gangsters Act, 1986 was registered against eight accused persons vide Case Crime No. 268/2017. The charge sheet was filed against the said eight accused persons on 26.5.2018 and the cognizance of the same was taken by the learned Special Judge under the Gangsters Act, Badaun on 2.7.2018.

2.2 It appears that thereafter on further investigation and on the basis of the call recordings between the co-accused, handed over to the Investigating Officer by the complainant, the names of the appellant – Shraddha Gupta, her husband Sharvan Gupta and Kamlesh Sharma, came to light and accordingly they were arrayed as accused in Case Crime No. 337/2016.

2.3 That in the course of investigation, it also revealed that the appellant – Shraddha Gupta, her husband – Sharvan Gupta and Kamlesh Sharma were also involved in the offence pertaining to the conspiracy of murder of deceased Sadhna Sharma. Therefore, supplementary charge sheet was also filed against the aforesaid three accused persons, namely, Shraddha Gupta, Sharvan Gupta and Kamlesh Sharma. That