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VIVEK KUMAR BIRLA, SURENDRA SINGH-I
Raju Pathak – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Surendra Singh-I, J.
Learned counsel for the petitioner has filed a copy of order dated 13.04.2023 passed by a coordinate Bench of this Court in Criminal Misc. Writ Petition No. 4451 of 2023, Vishal (minor) Vs. State of U.P. and 3 Others, in the Court which is taken on record.
2. Heard Sri Shamasul Eslam, learned counsel for the petitioner and Sri Ratan Singh, learned A.G.A. appearing for the State-respondents.
3. The present writ petition has been filed under Article 226 of the Constitution of India with the prayer to quash the impugned first information report dated 24.11.2022 registered as Case Crime No. 203 of 2022 under Section 3(1) of U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986 (hereinafter mentioned as ‘U.P. Gangsters Act’), Police Station-Haldi, District- Ballia.
4. It is submitted by learned counsel for the petitioner that the first information report has been lodged against the petitioner, Raju Pathak and two other persons, namely, Aakash Giri and Yogesh Tiwari alias Rahul Tiwari, alleging therein that co-accused, Aakash Giri runs a gang and the petitioner is the member of the said gang and they committed offence against the society. Certified cop
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 established that competent authorities must exercise independent judgment and provide specific details in FIRs under the Gangsters Act to prevent misuse of stringent legal provisions.
The preparation and approval of a gang chart under the Gangster Act must involve substantive findings that demonstrate the gang's threat to public order, or it results in an empty formality negating ....
Criminal Law - FIR - Lodging of a first information report on the basis of a single case, is valid and permissible single case, is valid and permissible - In a petition under Article 226 of the Const....
A second writ petition challenging the same FIR is not maintainable without permission from the Supreme Court, and procedural lapses in the preparation of gang charts do not automatically invalidate ....
Imposition of Gangster Act based on a single case and compliance with Gangster Rules, 2021.
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.
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