Back
SIDDHARTH
Raj Kumar Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Siddharth, J.
1. Heard Sri Gopal Krishna Pandey, Advocate, holding brief of Sri Pradeep Singh Sengar, learned counsel for the applicant and learned A.G.A. for the State.
2. This application under Section 482 Cr.P.C. has been filed to quash the impugned charge-sheet No. 32 of 2012 dated 20.4.2013 and summoning/cognizance order dated 30.5.2013 as well as entire proceedings of G.T. No. 13 of 2013 (State v. Sunil and others), arising out of Case Crime No. 196 of 2012, under Section 2/3(1) of U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Bansdih Road, District Ballia.
3. Learned counsel for the applicant submits that the applicant was implicated in the present offence under Section 2/3(1) of U.P. Gangster & Anti Social Activities (Prevention) Act, 1986 on the basis of two base cases; (i) Case Crime No. 476 of 2011, under Sections 393/307 IPC and (ii) Case Crime No. 47 of 2012, under Section 392 IPC. He has submitted that the records of both the cases aforesaid have got burnt due to fire in the judgeship of Ballia. On 21.12.2023, this Court dire
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 U.P. Gangster Act can be invoked based on a solitary case, provided the preparation and approval of the gang chart comply with statutory requirements.
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 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 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.(....
Incomplete and defective gang chart - It is true that there shall not be repetition of case crime numbers as it may attract the vice of double jeopardy, but there is no restriction if any “addenda” i....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
