Application under Section 482 CrPC to quash proceedings under the Gangster Act. The sole predicate case resulted in acquittal. Court stayed further proceedings and granted time for filing counter affidavits.
Further proceedings stayed; three weeks time granted to file counter affidavit.
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Court No. - 76
Case :- APPLICATION U/S 482 No. - 19214 of 2024
Applicant :- Danish Khan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Pathak,J.
"12. From a bare perusal of Section 2(b)(i) of the Gangsters Act, it would become apparent that the person alleged to be the member of the gang should be found indulging in anti-social activities which would be covered under the offences punishable under Chapters XVI, or XVII or XXII IPC. There is no dispute that the case set up by the prosecution against the appellants insofar as the offences under the Gangsters Act are concerned, is limited to Section 2(b)(i) reproduced supra and none of the other clauses of the provision have been pressed into service for the proposed prosecution.
13. Needless to say that for framing a charge for the offence under the Gangsters Act and for continuing the prosecution of the accused under the above provisions, the prosecution would be required to clearly state that the appellants are being prosecuted for any one or more offences covered by anti-social activities as defined under Section 2(b).
14. There being no dispute that in the proceedings of the sole FIR registered against the appellants for the offences under Chapter XVII IPC being Crime Case No. 173 of 2019, the appellants stand exonerated with the quashing of the said FIR by the High Court of Judicature at Allahabad by exercising the powers under Section 482 of Code of Criminal Procedure, 1973, vide order dated 3rd March, 2023 passed in Application No. 7228 of 2023.
15. Hence, the very foundation for continuing the prosecution of the appellants under the provisions of the Gangsters Act stands struck off and as a consequence, the continued prosecution of the appellants for the said offence is unjustified and tantamounts to abuse of the process of Court."
Order Date :- 17.12.2024 vinay
Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether continued prosecution under the Gangster Act is justified when the sole predicate case has ended in acquittal?
Colour shows how this judgement treated each authority
Farhana vs. State of UPReferred¶12
Farhana vs. State of UP, SLP (Crl.) No. 437 of 2023, decided on 19.2.2024
3 provisions across 2 enactments
Danish Khan And 2 Others
State of U.P. and Another
Dinesh Pathak
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
