VIKRAM NATH, SANDEEP MEHTA
Lal Mohd. – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SANDEEP MEHTA, J.
1. Heard.
2. Leave granted.
3. The present appeal by special leave, arises out of the final judgment and order dated 3rd May, 20231 [Hereinafter referred to as the “impugned order”] passed by the learned Division Bench of the High Court of Judicature at Allahabad2 [Hereinafter referred to as the “High Court”] in Criminal Miscellaneous Writ Petition No. 3494 of 2023, whereby the High Court dismissed the Writ Petition filed by the appellants seeking quashing of First Information Report3 [For short ‘FIR’] in CC No. 132 of 20234 [Hereinafter referred to as ‘impugned FIR’] dated 30th April, 2023, under Section 3(1) of the Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 19865 [Hereinafter referred to as the ‘UP Gangsters Act’] lodged at Police Station Khargupur, District-Gonda, Uttar Pradesh.
4. The factual background, essential for the disposal of the instant appeal, is as follows:
4.2 On 10th October, 2022, one Rikki Modan
Shraddha Gupta vs. State of Uttar Pradesh and Others
State of Haryana vs. Bhajan Lal
Ashok Kumar Dixit vs. State of U.P.
(1) Anti-Social Activity - Mere involvement of accused appellants in a demonstration pursuant to a communal flare-up, however serious, does not ipso facto transform participants into a ''gang'' witho....
The court emphasized that allegations must meet a serious threshold for invoking the Uttar Pradesh Gangsters & Anti-Social Activities Act, quashing an FIR based on insufficient grounds.
(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....
The main legal point established in the judgment is the requirement to strictly interpret the provisions of the Gangsters Act to prevent misuse by state authorities and the importance of vigilance be....
An FIR under the Gangsters Act must specify anti-social activities to classify a person as a gangster; failure to do so renders the FIR illegal.
Proceedings of FIR under provisions of Gangsters Act and prosecution of accused cannot be continued in spite of exoneration in predicate offences.
Procedural compliance is essential in approving gang-charts under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act; failure to demonstrate procedural illegality results in dism....
An FIR under the Gangster Act is invalid if it fails to mention the corresponding provision, violating statutory guidelines.
Indulge in anti-social activities - Disturbing public order - Existence of two criminal cases against petitioner is not in dispute and no ground exists for quashing impugned FIR.
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