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1997 Supreme(All) 314

S.K.PHAUJDAR, J.C.MISHRA
SUBHASH; GULAB SINGH; ANISH – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
A.K.Malviya, A.R.S.KHER, AVADESH KUMAR SHARMA, Avinash, B.S.RATHORE, C.P.Singh, D.K.TRIPAHTI, D.S.MISHRA, Dharam Pal Singh, K.D.Tripathi, K.K.SRIVASTAVA, K.S.TIWARI, Kameshwar Singh, M.A.Zaidi, M.D.Singh, N.D.Shukla, N.V.SHARMA, PRABHAT KUMAR SRIVASTAVA, Pradeep Kumar Saxena, Prem Prakash, R.K.UPADHYA, R.N.RAI, R.NARAIN, R.S.SAHAI, Raj Kumar Sharma, RAJESH KUMAR, Ram Babu Sharma, S.A.S.ABIDI, S.N.Singh, S.P.RAGHAV, S.T.Siddiqui, V.K.Jaiswal, V.S.RAJPUT, Y.S.Saxena,

In all these matters the respective petitioners have challenged their prosecution for an offence under Sections 2/3 of the U. P. Gangsters and Anti-Social Activities (Prevention) Act, (in short the Act ). Prayers have been made for quashing the respective F. I. Rs. and for interim orders protecting them from arrest.

2. The questions, that have been raised, maybe categorised as follow:

(1) There could not be a prosecution under the Act for a single incident as the Act spoke of "anti-social activities" (in plural ).

(2) Prosecution under the Act for past offences was not thought of.

(3) If at all the Act created a new concept of an offence, there must be some allegation that any act or omission towards the commission of the offence was there.

(4) The words "indulges in" as used in Section 2 of the Act would only mean that there should be habituality of the acts covered by Section!.

3. In addition to these major points, the individual cases will be dealt with separately.

4. The Act was necessitated with a view to control gangsterism and anti-so cial activities which were on the increase in the State. The Act was preceded by an ordinance and the objects and reasons of the Ordinance were
















































































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