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2024 Supreme(SC) 139

J. B. PARDIWALA, SANDEEP MEHTA
Farhana – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Anurag Singh, Adv. Mr. Anil Kumar Mishra, AOR
For the Respondent(s): Mr. Yasharth Kant, AOR Mr. Ankit Goel, AOR Ms. Swati Yadav, Adv.

JUDGMENT :

Mehta, J.

1. Leave granted.

2. Heard learned counsel representing the parties and perused the material available on record.

3. The appellants-Farhana and Sadarul Islam have filed the instant appeals for assailing the orders dated 14th November, 2022 and 6th December, 2022 passed by the Division Bench of the High Court of Judicature at Allahabad rejecting Criminal Miscellaneous Writ Petition Nos. 16653 of 2022 and 18326 of 2022 preferred by the appellants respectively, with a prayer to quash the Case Crime No. 424 of 2022 registered against the appellants for the offence punishable under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities(Prevention) Act, 1986(for short ‘Gangsters Act’) at Police Station-Bhognipur, District-Kanpur Dehat.

4. The short issue presented for adjudication in these appeals is as to whether the proceedings of the FIR under the provisions of the Gangsters Act and the prosecution of the accused can be continued in spite of exoneration in the predicate offences covered by Section 2(b)(i) of Gangsters Act. For the sake of convenience, Section 2(b)(i) of the Gangsters Act is quoted hereinbelow:-

    “2(b) “Gang” means a group of persons, who

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