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VIVEK KUMAR BIRLA, RAJENDRA KUMAR IV
Sonu – Appellant
Versus
State Of Uttar Pradesh – Respondent
JUDGMENT :
1. Heard Sri Shrawan Kumar Pandey, learned counsel for the petitioner and Sri Rajesh Kumar Madhesia, learned State Law Officer for the State respondents.
2. Present petition has been filed with a prayer for quashing the F.I.R. dated 09.06.2023, registered as Case Crime No. 0176 of 2023, under Section 2/3 Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Ganganagar, District Meerut with a further prayer not to arrest the petitioner in pursuance of the impugned F.I.R.
3. Submission of the learned counsel for the petitioner is that in the base FIR the petitioner was not named, however, his name has been figure out during investigation and he was granted bail by this Court and it is only on the basis of solitary case the provisions of Gangster Act has been imposed upon him.
4. Learned State Law Officer opposed the prayer for quashing the first information report and submits that gang chart itself reflects that the chargesheet has been submitted against the petitioner in the base FIR. He further submits that it has already been decided by Hon'ble Apex Court in the case of Shraddha Gupta vs The State Of Uttar Pradesh reported in 2022 SCC OnLi
Imposition of Gangster Act based on a single case and compliance with Gangster Rules, 2021.
Point of law: While holding the constitutional validity of the various provisions of the Gangster Act, the Court was of the view that under this Act, a person can be accused of an offence only if he ....
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.
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 ....
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 ....
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