Back
IN THE HIGH COURT OF ALLAHABAD
Hon'ble Saurabh Lavania,J.
Vijaya Nand Tewari – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Saurabh Lavania, J.
1. Heard learned counsel for the applicants as well as learned Additional Government Advocate for the State of U.P. and perused the record.
2. The instant application has been filed by the applicant for the following main reliefs:-
"That for the facts, reasons and circumstances stated in the accompanying an affidavits it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned Charge Sheet dated 19.04.2023 bearing Charge Sheet No. 01 of 2023, impugned summoning order dated 02.11.2023 passed by Special Judge, Gangster Act, Lucknow, relating to F.I.R No./Case Crime No. 117/2022, Under Section-3 (1) U.P Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Vibhutikhand, District-Lucknow, in so far as it relates to the petitioners/applicants as well entire proceeding of the Case No. 3148/2023 (State vs. Ravi Shukla and Others) pending in Court of Special Judge, Gangster Act, Lucknow, as contained in Annexure No. 1 and 2 respectively to this petition, in so far as it relates to the petitioners/applicants in the interest of justice.
It is further prayed that this Hon'ble Court may graciously be ple
Prosecution under the U.P. Gangsters Act requires clear evidence of anti-social activities; vagueness in allegations leads to quashing of proceedings.
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....
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....
(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 main legal point established in the judgment is that if the foundation of the Gangster Act is removed, the proceedings of the Gangster Act would not survive, based on the principle of 'Sublato fu....
Proceedings of FIR under provisions of Gangsters Act and prosecution of accused cannot be continued in spite of exoneration in predicate offences.
(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....
The court emphasized that allegations must meet a serious threshold for invoking the Uttar Pradesh Gangsters & Anti-Social Activities Act, quashing an FIR based on insufficient grounds.
The main legal point established in the judgment is the requirement to strictly interpret the provisions of the Gangsters Act to prevent misuse by state authorities and the importance of vigilance be....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
