{"id":194802,"date":"2021-08-09T19:29:10","date_gmt":"2021-08-09T13:59:10","guid":{"rendered":"https:\/\/www.indialegallive.com\/?p=194802"},"modified":"2021-08-10T17:03:10","modified_gmt":"2021-08-10T11:33:10","slug":"allahabad-high-court-dismisses-pleas-against-invoking-of-gangsters-act","status":"publish","type":"post","link":"https:\/\/www.indialegallive.com\/constitutional-law-news\/courts-news\/allahabad-high-court-dismisses-pleas-against-invoking-of-gangsters-act\/","title":{"rendered":"Allahabad High Court dismisses pleas against invoking of Gangsters Act"},"content":{"rendered":"\n
The Allahabad High Court<\/a> has held that the lodging of an FIR under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 is valid and permissible, even on the basis of involvement of a person in a single case.<\/p>\n\n\n\n The Division Bench of Justice Samit Gopal and Justice Pritinker Diwaker passed this order while hearing a Criminal Misc.Writ Petition filed by Ritesh Kumar Alias Rikki. The petition has been filed challenging the FIR of case under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali, District Basti.<\/p>\n\n\n\n The Court observed thus while dismissing a bunch of 12 writ petitions raising the following question:<\/strong><\/p>\n\n\n\n “Whether a first information report under the provisions of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 [hereinafter referred to as the \u2018Gangsters Act\u2019] can be lodged and is maintainable on the basis of involvement of the petitioner(s) \/ accused in a single previous case”.<\/p>\n\n\n\n The common ground as raised in all the writ petitions is that the petitioners have been made accused in the impugned first information reports which have been lodged under the provisions of the Gangsters Act on the basis of their involvement in a solitary case and even the gang chart prepared and approved by the authority shows that there is a single case against them on the basis of which, the impugned first information report has been registered which is illegal and against the essence of the Gangsters Act.<\/p>\n\n\n\n The Petition said first information report could not have been lodged on the basis of a solitary case and as such, the said writ petitions should be allowed and the respective impugned first information reports be quashed.<\/p>\n\n\n\n Amrendra Pratap Singh, Counsel appearing in matter argued that:<\/strong><\/p>\n\n\n\n (i) The petitioner has been falsely implicated in the present case on the basis of concocted facts and influence of illegal politics.<\/p>\n\n\n\n (ii) The impugned first information report has been lodged on the basis of a single case shown against the petitioner in which he has been granted bail vide order dated 09.02.2021 passed by the trial court.<\/p>\n\n\n\n (iii) No offence whatsoever is made out against the petitioner.<\/p>\n\n\n\n (iv) There is no independent witness of the alleged incident and the story narrated by the police is false. The petitioner is a peace loving and law abiding citizen.<\/p>\n\n\n\n (v) The lodging the impugned first information report on the basis of a solitary case is illegal. There is no evidence on record to show that the petitioner is either a gang leader or member of any gang as there is no evidence whatsoever to show that there was a meeting of minds of persons to commit the offence. There is no evidence to show that the petitioner along with co-accused collectively committed the offence. There is no material to show that the alleged gang is operating.<\/p>\n\n\n\n