Gorakh Nath Mishra vs State of Uttar Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 947

SURYA KANT, N. KOTISWAR SINGH
Gorakh Nath Mishra – Appellant
Versus
State of Uttar Pradesh – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Sadashiv, AOR Mr. Rajendra Prasad Swarnkar, Adv. Mr. Sachin Agarwal, Adv. Mr. Pranav Kumar Srivastva, Adv. Mr. Devendra Kumar Gupta, Adv. Mr. Nishant Sanjay Kumar Singh, Adv. Mr. Prashant Andrew Leo, Adv. Mr. Ashish Singh, Adv. Ms. Mumtaz Javed Shaikh, Adv. Mr. Mohd Arafat Ahmad, Adv. Mr. Mohd Shafat Ahamad, Adv.
For the Respondent(s): Mr. K. M. Nataraj, A.S.G. Mr. Abhishek Kumar, Adv. Ms. Tulika Mukherjee, AOR Mr. Sarath Nambiar, Adv. Mr. Beenu Sharma, Adv. Mr. Venkat Narayan, Adv.

Table of Content
1. delaying condonation and granting leave. (Para 1)
2. appeal disposed with compliance to guidelines. (Para 2 , 7)
3. guidelines for invoking gangsters act established. (Para 3)
4. reconsideration of appellant's case under new guidelines. (Para 4 , 6)
5. setting aside of high court's judgment. (Para 5)

ORDER

1. Delay condoned.

2. Leave granted.

3. The issue that arises for consideration in this case is whether any prima facie case under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (in short, the “Gangsters Act”) is made out against the appellant on the basis of the nature of offence attributed to him. After notice, on 07.03.2024 Shri K.M. Nataraj, learned Additional Solicitor General of India appeared on behalf of the State of Uttar Pradesh and sought time to obtain appropriate instructions in the matter. On 19.04.2024 he informed the Court that the State Government was contemplating to lay down some guidelines-cum-parameters which are to be followed before invoking provisions of the Gangsters Act. Time was consequently granted. It was informed on 12.12.2024 that the guidelines have been formulated and given some more time the same shall be

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