IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VINOD DIWAKAR
Sumit Punjabi @ Sumit Arora – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Vinod Diwakar, J.
1. Heard learned counsel for applicant and learned AGA for the State.
2. Through the instant proceedings, the applicant has challenged the cognizance/summoning order dated 10.04.2024 on a limited ground that the Rules framed under the Provisions of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 have not been complied with by the police.
3. Thus, the learned counsel for the applicant submits that; (i) besides Rules 16 and 17 of the Rules 2021, Rule 24 for expeditious investigation has been violated, (ii) the FIR was registered on 29.4.2022, whereas the charge sheet was filed on 3.2.2024 almost after a delay of 21 months and two days, (iii) the applicant is a businessman and he is arrayed as an accused in the base case on the basis of confessional statement of co- accused, which is impermissible under the law, (iv) the applicant's arrest was stayed by this Court vide order dated 1.8.2022, on Court's prima facie, satisfaction that the applicant is innocent and has been arrayed as an accused by the police because of ulterior reasons.
4. Per contra, learned AGA states that the applicant is a habitual offender and three cases have been registered
Investigations under the U.P. Gangsters Act must comply with statutory timelines; failure to do so leads to quashing of proceedings.
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 invocation of the Gangsters Act requires substantial evidence and strict adherence to procedural compliance to prevent misuse and ensure justice.
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.
An FIR registered under the U.P. Gangster Act without proper legal citation and after a three-year lapse is rendered illegal.
The judgment establishes that procedural compliance in gang chart preparation is crucial to uphold the integrity of the Gangster Act and protect individual rights.
An FIR under the Gangster Act is invalid if it fails to mention the corresponding provision, violating statutory guidelines.
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 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....
The formulation of guidelines for the application of the Gangsters Act aims to prevent misuse and ensures a prima facie case is established before invoking the Act.
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