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2006 Supreme(All) 214

AMITAVA LALA, SHIV SHANKER
KISHAN PAL @ K. P. , ETC. ETC – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Counsel :
U.C. Mishra, Sushil Kumar Dubey, Dhirendra Singh Rajpoot, B.N. Singh, Rajesh Pathik, S.N. Verma, Smt. Pushpa Verma, Satyendra Narayan Singh, P.N. Tripathi, Ashwini Kumar Awasthi, Manish Tiwary, L.M. Singh, Kamal Krishna, Nisaruddin, Abhijit Mishra, Kapil Tyagi, Prakash Dwivedi, Sameer Jain, Sunil Kumar, Ajay Kumar Malviya for the Petitioners; Surendra Singh, Rajeev Sharma, Hemendra Kumar, N.K. Verma, A.N. Mulla, A. Bhanot, Inderjeet Yadav, S.N. Murtaza, Mrs. M. Bajpai (All learned Additional Government Advocates) for the Respondents.

JUDGMENT

Hon’ble Amitava Lala, J.—The aforesaid cases are taken up for analogous disposal. In all the cases more or less similar prayers have been made for quashing first information reports under Sections 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 and stay of arrest of the accused in connection thereto. By and large four categories of cases are involved herein. First category cases are those where several previous cases are initiated/ pending prior to initiation of investigation under this Act. Second category cases are those where single case was initiated/pending prior to initiation of investigation under the Act. Third category cases are those where in spite of acquittal under the Criminal Procedure Code investigation has been initiated or kept pending under this Act. Last category cases are those where no previous case was pending under any other law prior to initiation of investigation under this Act.

2. Therefore, in all the cases, investigations by the police authorities under the Act are challenged under writ jurisdiction. A Full Bench judgment of this High Court reported in 1987 (24) ACC 164 (Ashok Kumar Dixit v. State of U.P. and a









































































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