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MAHESH CHANDRA TRIPATHI, KSHITIJ SHAILENDRA
Dharmendra @ Bheema – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Shri Mohit Singh, learned counsel for the petitioners, Shri P.C. Srivastava, learned Additional Advocate General assisted by Shri J.K. Upadhyay, learned A.G.A. for the State-respondents and perused the record.
2. The instant writ petition has been preferred with the prayer to quash the First Information Report dated 1.1.2024, registered as Case Crime No. 0001 of 2024, under Sections 2/3 of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to 'the Act of 1986'), Police Station-Bilari, District Moradabad with a further prayer to direct the respondents not to take any coercive action against the petitioners pursuant to the aforesaid F.I.R.
FACTS OF THE CASE
3. The respondent No. 5 lodged the aforesaid F.I.R. alleging that the accused persons named therein are indulged in anti-social activities and are operating a gang; that the investigation in relation to the aforesaid case crime is still pending and that no charge-sheet has been submitted against the petitioners. As regards the gang-chart dated 25.11.2023, it is pleaded that incorrect details of criminal cases pending against the petitioners were furnished to the Autho
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 the U.P. Gangsters Act allows for prosecution based on a single case, provided the investigation is complete before approving the gang chart.
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 compliance with the U.P. Gangsters Act's procedural requirements, particularly regarding gang-chart approval, hinges on the completion of the underlying investigation.
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 judgment establishes that procedural compliance in gang chart preparation is crucial to uphold the integrity of the Gangster Act and protect individual rights.
(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.(....
Procedural compliance under the Gangster Act, 1986 is mandatory; lack of 'due discussion' before gang-chart preparation invalidates the FIR.
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