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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
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 was also alleged that there was involvement of some other persons about whom the first informant, Sandeep Singh did not know.
(ii) On 01.11.2023, the angle of conspiracy was brought forth and Section 120-B of the I.P.C. was added during investigation. The petitioner was implicated for his conspiratorial role on the recovery of some firearm. On 07.11.2023, Case Crime No. 818 of 2023 under Section 7 /25 of the Arms Act was registered and thereafter
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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