Jaydeep Nishad vs State of U. P. - 2024 Supreme(All) 1844

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 1844

SIDDHARTH, VINOD DIWAKAR
Jaydeep Nishad – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Petitioner: Ganesh Kumar
For the Respondent: G.A.

JUDGMENT

Heard learned counsel for the petitioners and learned A.G.A. for the State.

2. The instant writ petition seeks quashing of the FIR dated 27.01.2024 giving rise to Case Crime No. 12 of 2024, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as "Gangsters Act"), P.S. Rudhauli, District-Basti.

3. Contention of learned counsel for the petitioner is that in the impugned F.I.R., only Section 3(1) of Gangsters Act was mentioned which is the provision for imposing penalty upon gangsters. However, no other provision is mentioned showing the anti social activities in which the petitioner is alleged to have indulged on account of which the petitioner is being prosecuted as gangster.

4. After hearing learned counsel for the parties and on perusal of the record, this Court finds that the impugned F.I.R. has been registered under section 3(1) Gangsters Act. This Section provides punishment for gangsters. However, Section 2 of Gangsters Act provides anti social activities which form the basis for classifying a person as a gangster. Section 2(b) defines "gang" and Section 2(c) defines "gangster". The definition of "gangster", menti