Arvind vs State of U. P. - 2023 Supreme(All) 903

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 903

MOHD. AZHAR HUSAIN IDRISI
Arvind – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Rakesh Kumar Gupta.

JUDGMENT :

MOHD. AZHAR HUSAIN IDRISI, J.

1. Heard Sri Rakesh Kumar Gupta, learned Amicus Curiae for the appellant and learned A.G.A. for the State. Perused the record.

2. This appeal has been filed by the accused appellant Arvind against the judgment and order dated 16.05.2019 passed by the Special Judge (Gangsters Act)/Additional Sessions Judge, Court No. 5, Muzaffarnagar in S.T. No. 87 of 2015 (State vs. Arvind and Others) arising out of Case Crime No. 532 of 2014, under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as the “Gangsters Act”), Police Station Budhana, District Muzaffarnagar whereby the appellant was convicted under Section 3(1) Gangsters Act for ten years R.I. with fine of Rs.15,000/-. In default of payment of fine, he was ordered to serve five months additional imprisonment.

3. Aggrieved thus, by the impugned judgment and order dated 16.05.2019, the accused appellant Arvind preferred this appeal. It may be added that there were 05 accused and they were charge sheeted in trial court. The present appeal has b