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SANJAY KUMAR, K. VINOD CHANDRAN
Gabbar Singh alias Devendra Pratap Singh Alias Rajesh Singh – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. status of fir under the anti-gangster act (Para 2 , 3) |
| 2. challenge to the gang chart's adherence to procedure (Para 4 , 5 , 6) |
| 3. necessary procedural requirements in gang chart preparation (Para 8 , 9 , 10) |
| 4. mandate of statute for procedural compliance (Para 11) |
| 5. quashing of improperly prepared fir (Para 12 , 13) |
| 6. final decision and dismissal of applications (Para 14 , 15) |
JUDGMENT :
K. VINOD CHANDRAN, J.
Leave granted.
2. The appeals are filed against the impugned orders declining the prayer for quashing of an FIR and rejecting the review filed against the said order. FIR No.0125 of 2022 dated 28.05.2022 was filed under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as, ‘the Act of 1986’) at the Police Station Kotwali Nagar, District Bahraich. The High Court, after perusal of the Gang Chart produced as Annexure 2, found a number of criminal cases registered against the three different petitioners, one of whom is before us in the above appeals. It was also noticed that all the petitioners before the High Court were in jail, presumably arrested under the various criminal cases pending against
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....
When a statute prescribes a specific procedure for initiating penal action, such as the preparation and approval of a Gang Chart under the UP Gangsters Act, strict compliance is mandatory. Failure to....
(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 duty of competent authorities to exercise independent mind and follow prescribed procedures in preparing and approving gang-charts under the Gangster Act, 1986.
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 judgment establishes that procedural compliance in gang chart preparation is crucial to uphold the integrity of the Gangster Act and protect individual rights.
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....
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.
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