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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 :
Leave granted.
3. Under the Act of 1986 the petitioners were alleged to be members of a gang as defined therein indulging in activities specifically of land grabbing, fraudulent land transactions, extortion, voluntarily causing hurt, criminal intimidation, breach of peace, cheating, forgery and so on and so forth, many of which offences singly and together are alleged in the various crimes registered against them. The captioned FIR filed under the Act of 1986 relied solely on the Gang Chart drawn up, which was challenged before the High Court. The High Court noticing the various decisions, on interference in criminal proceedings by quashing the FIR or the charge sheet, found a prima facie case made out against the petitioners including the appellant herein and declined relief.
5. The
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....
(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.
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.
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