Narender Kumar vs State of U. P. - 2023 Supreme(All) 2070

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2070

VIVEK KUMAR BIRLA, VINOD DIWAKAR
Narender Kumar – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mohammad Khalid.

JUDGMENT :

Heard Shri Satish Tamta, learned Senior Counsel assisted by Shri Mohd. Khalid, learned counsel for the petitioner, Shri G.P. Singh, learned A.G.A. for the State-respondents, and perused the record.

2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 20.3.2023 registered as Case Crime No. 136 of 2023, under Sections 2, 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Dadri, District-Gautam Budh Nagar, and for a direction to the police not to arrest the petitioner in pursuance of the impugned FIR.

3. The prosecution's case posits that the petitioner, in collaboration with other gang members, usurped the Patta land allotted to landless individuals from scheduled castes and scheduled tribes in accordance with Government land allotment policies. This acquisition was allegedly executed through the use of coercion and intimidation, allowing the petitioner and their associates to purchase the land at reduced rates and subsequently vend the same at elevated prices in an orchestrated manner. These gang members, acting both collectively and individually engaged in activities ai