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2021 Supreme(All) 460

Arjun – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Pintu Tiwari.
For the Respondent: G.A.

JUDGMENT :

Surya Prakash Kesarwani, J.

1. Heard learned counsel for the petitioners and the learned A.G.A.

2. This batch of writ petitions were finally heard at length with the consent of the learned counsels for the parties as noted in the order dated 19.02.2021.

3. Considering the facts and circumstances of the case, the provisions of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as ‘the Act, 1986’) and the submissions of the learned counsels for the parties, the following questions are framed for determination:-

    “(i) Whether on a solitary criminal case registered against the petitioners, a case under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as "the Act, 1986") can be registered ?

(ii) If the answer to the question no.(i) is in affirmative, then whether the impugned First Information Report registered under Section 2/3 of the Act, 1986, deserves to be quashed ?”

Facts:-

4. The basis for registering first information reports against the petitioners are given in the impugned first information reports. Therefore, for ready reference, the first information reports unde

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