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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Vinod Diwakar,J.
Vinay Kumar Gupta – Appellant
Versus
State of U.P. – Respondent
1. Heard Shri Arvind Kumar Mishra and Shri Afzal Ahmad Khan Durrani, learned counsel for the applicants, learned Additional Advocate General assisted by Shri Vibhav Anand Singh, learned A.G.A. for the State-respondents, in both the applications, and perused the material on record.
2. The instant applications have been preferred challenging the entire proceedings arising out of Case Crime No.161 of 2022, under section 2/3 of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 registered at Police Station Karari, District Kaushambi, [Hereinafter referred to as the FIR], pending trial in the Court of learned Additional Sessions Judge/FTC-1st, Kaushambi, as well as cognizance order dated 24.1.2024 passed by learned Additional Sessions Judge/FTC-1st, Kaushambi.
3. The applicants’ case emerges from the approval of the gang- chart, and on perusal it's observed that the gang leader Ajay Kumar Saroj, son of Jeete resident of Goraju Police Station Paschim Sarira, District Kaushambi, along with his co-accused members; (i) Rahul, son of Chhidda, resident of Ghasiya Ka Pura, Police Station- Paschim Sarira District- Kaushambi, (ii) Vinay Kumar Gupta son of late Govind Pra
The invocation of the Gangsters Act requires substantial evidence and strict adherence to procedural compliance to prevent misuse and ensure justice.
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 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 duty of competent authorities to exercise independent mind and follow prescribed procedures in preparing and approving gang-charts under the Gangster Act, 1986.
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.
(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.(....
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....
Incomplete and defective gang chart - It is true that there shall not be repetition of case crime numbers as it may attract the vice of double jeopardy, but there is no restriction if any “addenda” i....
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