Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VIVEK KUMAR SINGH
Jyoti Suri – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
VIVEK KUMAR SINGH, J.
1. Heard Shri Santosh Tripathi, learned counsel for the applicant, Shri Surendra Tiwari, learned counsel appearing for the victim of the base case and Shri Prashant Kumar Singh, learned AGA for the State.
2. Present application under Section 528 BNSS has been filed to quash the entire proceedings of the Special Sessions Trial No. 2636 of 2025, Arising out of Case Crime No. 502 of 2024 ( State of U.P. vs. Sanjay Suri and Others ), under section 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Sihani Gate, District Ghaziabad, pending in the Court of Learned Special Judge (Gangster Act)/Additional District and Sessions Judge, Court no.12, Ghaziabad as well as Chargesheet dated 09.08.2025 and the cognizance/summoning order dated 28.08.2025 issued in the aforesaid proceedings.
3. The brief facts of the case are that the FIR was lodged against the applicant on 23.09.2024, as Case Crime No.502 of 2024, under section 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as the 'Gangster Act'), Police Station Sihani Gate, District Ghaziabad. Prior to the registration of the s
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.
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 judgment establishes that procedural compliance in gang chart preparation is crucial to uphold the integrity of the Gangster Act and protect individual rights.
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 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....
(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.(....
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....
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
