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VIVEK KUMAR BIRLA, SURENDRA SINGH-I
Virendra Kasaudhan – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Counter affidavit filed on behalf of the State, is taken on record.
2. Heard Sri Bipin Kumar Tripathi, learned counsel for the petitioner and Sri Ratan Singh, learned AGA for the State and perused the records.
3. Present petition has been filed with a prayer for quashing the F.I.R. dated 17.12.2022, registered as Case Crime No. 660 of 2022, under Section 3(i) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as the Gangster Act), Police Station Chiluatal, District Gorakhpur with a further prayer not to arrest the petitioner in pursuance of the impugned F.I.R.
4. Submission of the learned counsel for the petitioner is that in the gang chart details of only one case have been mentioned, however, simultaneously it is mentioned that two cases are registered against the petitioner. So far as the case referred in the gang chart bearing Case Crime no.7 of 2021 is concerned, it is submitted by the learned counsel for the petitioner that initially F.I.R. was lodged only under Sections 279, 504, 307 IPC against two unknown bike riders wherein during investigation in C.D. No.11 dated 24.01.2021 Mukhbir disclosed the name of the co-accused Manoj
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 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 duty of competent authorities to exercise independent mind and follow prescribed procedures in preparing and approving gang-charts under the Gangster Act, 1986.
The court ruled that procedural violations in preparing the gang-chart rendered the F.I.R. unsustainable, and that mentioning Section 3 suffices for F.I.R. registration without detailing offences und....
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.
The court established that the procedural safeguards in the preparation of gang charts under the Gangsters Act are essential to prevent misuse and protect innocent individuals, emphasizing that genui....
The judgment establishes that procedural compliance in gang chart preparation is crucial to uphold the integrity of the Gangster Act and protect individual rights.
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