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J. B. PARDIWALA, MANOJ MISRA
Vinod Bihari Lal – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
J.B. PARDIWALA, J.
For the convenience of exposition, this judgment is divided into the following parts:
| INDEX | |
| (A) | FACTUAL MATRIX |
| (B) | IMPUGNED JUDGMENT |
| (C) | SUBMISSIONS ON BEHALF OF THE APPELLANT |
| (D) | SUBMISSIONS ON BEHALF OF THE RESPONDENTS |
| (E) | ANALYSIS |
| (a) Testing the Impugned Proceedings on the anvil of Act of 1986 | |
| (i) Definition of “gang” under the Act of 1986 | |
| (ii) Principles of quashing couched in Section 482 of the Cr.P.C. | |
| (b) Testing the Impugned Proceedings on the anvil of Rules of 2021 | |
| (i) Application of mind and satisfaction of competent authorities | |
| (F) | CONCLUSION |
1. The Criminal Appeal No. 777 of 2025 arises out of the judgment (hereinafter referred to as “impugned judgment”) passed by the High Court of Judicature at Allahabad dated 19.04.2023 in Criminal Miscellaneous Application No. 36921 of 2019, whereby the High Court rejected the application filed by the appellant herein under Section 482 of the Code of Criminal Procedure, 1973 (for short “the Cr.P.C.”) for quashing of the proceedings of Special Sessions Trial No. 54 of 2019 (hereinafter referred to as “impugned proceedings”), arising out of F
(1) Anti-Social Activities – Continuation of criminal proceedings against appellant would result in undue harassment when there is no material against him and will result in abuse of process of law.(....
The judgment establishes that procedural compliance in gang chart preparation is crucial to uphold the integrity of the Gangster Act and protect individual rights.
The duty of competent authorities to exercise independent mind and follow prescribed procedures in preparing and approving gang-charts under the Gangster Act, 1986.
The U.P. Gangster Act can be invoked based on a solitary case, provided the preparation and approval of the gang chart comply with statutory requirements.
The court ruled that procedural violations in preparing the gang-chart rendered the F.I.R. unsustainable, and that mentioning Section 3 suffices for F.I.R. registration without detailing offences und....
The court affirmed that the U.P. Gangsters Act allows for prosecution based on a single case, provided the investigation is complete before approving the gang chart.
The court affirmed that compliance with the U.P. Gangsters Act's procedural requirements, particularly regarding gang-chart approval, hinges on the completion of the underlying investigation.
Criminal activities – Refusal to quash FIR – When a particular thing is to be done, it should be done in the manner stipulated; statutorily prescribed, or not at all – Especially when at stake is lib....
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