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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Siddhartha Varma, Madan Pal Singh
Kamalveer Singh – Appellant
Versus
State Of Up – Respondent
| Table of Content |
|---|
| 1. challenge to fir under gangster act. (Para 1 , 2 , 3) |
| 2. procedural requirements for gang-chart preparation. (Para 4 , 5 , 6 , 7) |
| 3. victim's locus standi in gangster act cases. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. arguments against the petitioner's criminal implication. (Para 14 , 15 , 16 , 17) |
| 5. need for due discussion in gang-chart preparation. (Para 18 , 19 , 20) |
| 6. quashing of fir due to procedural violations. (Para 21 , 22) |
JUDGMENT :
1. By means of the instant writ petition the First Information Report, lodged under Section 3(1) of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as the “Gangster Act, 1986”), dated 22.11.2023 which had given rise to Case Crime No. 861 of 2023 has been challenged.
2. Brief facts which preceded the lodging of the first information report are as follows:
(i) On 10.08.2023, one Anuj Chaudhari was murdered and a first information report was lodged on the same day which gave rise to Case Crime No. 598 of 2023. It was registered under Sections 302, 307/34 of I.P.C. Four accused persons namely Amit Kumar, Pushpendra, Aniket and Prabhakar were named in the first information report. It wa
Procedural compliance under the Gangster Act, 1986 is mandatory; lack of 'due discussion' before gang-chart preparation invalidates the FIR.
The preparation and approval of a gang chart under the Gangster Act must involve substantive findings that demonstrate the gang's threat to public order, or it results in an empty formality negating ....
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 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 duty of competent authorities to exercise independent mind and follow prescribed procedures in preparing and approving gang-charts under the Gangster Act, 1986.
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 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.
Criminal Law - FIR - Lodging of a first information report on the basis of a single case, is valid and permissible single case, is valid and permissible - In a petition under Article 226 of the Const....
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