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IN THE HIGH COURT OF ALLAHABAD
Mahesh Chandra Tripath, Anil Kumar-X
Jitendra Paswan – Appellant
Versus
State of UP – Respondent
| Table of Content |
|---|
| 1. factual basis for the fir against the petitioner. (Para 2 , 3) |
| 2. arguments regarding procedural lapses in fir approval. (Para 4 , 5 , 6) |
| 3. definition and purpose of the act, 1986. (Para 8 , 9 , 10 , 11) |
| 4. judicial interpretation of gang activity under the act. (Para 12 , 13 , 14) |
| 5. court's reasoning on the validity of the fir. (Para 16 , 17 , 18) |
| 6. dismissal of the writ petition. (Para 19 , 20) |
JUDGMENT :
1. Heard Sri A.N. Mishra, learned counsel for the petitioner and Sri Paritosh Malviya, learned AGA-I for the State-respondents.
2. The present writ petition has been filed seeking quashing of the impugned First Information Report dated 13.04.2025, registered as Case Crime No.0244 of 2025, under Sections 3 (1) , 2(b) (i) , 2 (b) (xi), and 2 (b) (xxv) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 [1. "Act, 1986]at Police Station Chiluatal, District Gorakhpur, in respect of the petitioner. A further prayer has been made for issuance of a direction restraining the respondents from arresting the petitioner pursuant to the said FIR.
3. The brief facts as per prosecution case are that the fourth respondent has lodged the impugned FIR agai
Procedural compliance is essential in approving gang-charts under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act; failure to demonstrate procedural illegality results in dism....
(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.(....
Criminal activities – Refusal to quash FIR – When a particular thing is to be done, it should be done in the manner stipulated; statutorily prescribed, or not at all – Especially when at stake is lib....
When a statute prescribes a specific procedure for initiating penal action, such as the preparation and approval of a Gang Chart under the UP Gangsters Act, strict compliance is mandatory. Failure to....
(1) Anti-Social Activity - Mere involvement of accused appellants in a demonstration pursuant to a communal flare-up, however serious, does not ipso facto transform participants into a ''gang'' witho....
(1) A person against whom a single FIR/charge sheet is filed for any of anti-social activities mentioned in section 2(b) of Gangsters Act, 1986 can be prosecuted under Gangsters Act.(2) Provisions of....
Procedural compliance under the Gangster Act, 1986 is mandatory; lack of 'due discussion' before gang-chart preparation invalidates the FIR.
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