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VIVEK KUMAR BIRLA, VINOD DIWAKAR
Anil Mishra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Heard Shri Kartikeya Saran, learned counsel for the petitioner, Shri Ratan 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 14.9.2023 registered as FIR No. 0171 of 2023, under Section 3 (1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Gyanpur, District-Bhadohi and for a direction to the police not to arrest the petitioner in pursuance of the impugned FIR.
3. The brief facts of the case are that impugned FIR has been lodged against Anil Mishra, Ashish Mishra, Shivam Mishra, Govind Mishra, Pramod Yadav, Shubham Pandey, Santosh Gupta, Kanhiya Jaiswal and Akash ji Baranwal. As per the allegations in the FIR, informant received information that Anil Mishra is a gang leader and Ashish Mishra, Shivam Mishra, Govind Mishra, Pramod Yadav, Shubham Pandey, Santosh Gupta, Kanhiya Jaiswal and Akash Ji Baranwal are the active members of a Gang. The gang of Anil Mishra gets financial and material benefit by fraudulently verifying the registration of farmers by resetting the password of Departmental Login
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 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 judgment establishes that procedural compliance in gang chart preparation is crucial to uphold the integrity of the Gangster Act and protect individual rights.
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 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 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 invocation of the Gangsters Act requires substantial evidence and strict adherence to procedural compliance to prevent misuse and ensure justice.
(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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