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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTHA VARMA, MADAN PAL SINGH
Navneet Sachan – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
1. Heard Sri Daya Shankar Mishra, learned Senior Advocate assisted by Sri Chandrakesh Mishra and Sri Abhishek Mishra, learned counsel for the petitioner in CRIMINAL MISC. WRIT PETITION No. - 16946 of 2024 and in APPLICATION U/S 528 BNSS No. - 40591 of 2024; Sri Upendra Upadhyay, learned counsel for the petitioner in CRIMINAL MISC. WRIT PETITION NO. - 17602 OF 2024; Sri Prabha Shanker Mishra, learned counsel for the petitioner in CRIMINAL MISC. WRIT PETITION NO. - 18422 OF 2024 and Sri Manish Goyal, learned Additional Advocate General assisted by Sri J.K. Upadhyay and Sri Rupak Chaube, learned counsel for the State.
2. The petitioner has challenged the First Information Report dated 31.8.2024, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as the “Gangster Act, 1986”) which had given rise to Case Crime No. 0556 of 2024, Police Station – Karvi Kotwali Nagar, District - Chitrakoot.
3. Sri Daya Shankar Mishra, learned Senior Advocate assisted by Sri Chandrakesh Mishra and Sri Abhishek Kumar Mishra, learned counsel for the petitioner has argued that the first information report which was lodged under Section 2/3 of t
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 ....
Procedural compliance under the Gangster Act, 1986 is mandatory; lack of 'due discussion' before gang-chart preparation invalidates the FIR.
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.
A second writ petition challenging the same FIR is not maintainable without permission from the Supreme Court, and procedural lapses in the preparation of gang charts do not automatically invalidate ....
The judgment establishes that procedural compliance in gang chart preparation is crucial to uphold the integrity of the Gangster Act and protect individual rights.
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....
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 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.
Point of law: While holding the constitutional validity of the various provisions of the Gangster Act, the Court was of the view that under this Act, a person can be accused of an offence only if he ....
The duty of competent authorities to exercise independent mind and follow prescribed procedures in preparing and approving gang-charts under the Gangster Act, 1986.
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