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SIDDHARTHA VARMA, ARUN KUMAR SINGH DESHWAL
Abdul Lateef @ Mustak Khan – Appellant
Versus
State Of Up – Respondent
JUDGMENT :
(Arun Kumar Singh Deshwal, J.)
1. As a common question is involved in all the above five writ petitions, all the writ petitions are being disposed of by a common judgement.
2. Basic issue in all the above writ petitions is preparation of gang chart in accordance with the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Rules, 2021 (hereinafter referred to as “Rules, 2021”). In all the above writ petitions first information reports, under the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as “Gangsters Act”), have been challenged on the ground that while preparing the gang charts of the FIRs in question, the competent authorities have not applied their minds and prepared gang charts in violation of the Rules, 2021 as well as several directions issued by this Court in the cases of Sanni Mishra @ Sanjayan Kumar Mishra vs. State of Uttar Pradesh and others; 2024 (1) ADJ 231 (DB) as well as other judgements.
3. The following contentions have been made by the learned counsel for the petitioner in Criminal Misc. Writ Petition no. 9930 of 2024:-
The judgment establishes that procedural compliance in gang chart preparation is crucial to uphold the integrity of the Gangster Act and protect individual rights.
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 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 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 judgment emphasizes the importance of procedural compliance and due application of mind in cases under the Gangsters and Anti-Social Activities (Prevention Act, 1986), highlighting the fundamenta....
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....
(1) Anti-Social Activities – Continuation of criminal proceedings against appellant would result in undue harassment when there is no material against him and will result in abuse of process of law.(....
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