Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 120-B IPC was registered against the six accused persons 506 504 304 Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act 1986 – ss. 2 & 3 – A case u/s 147 323 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986 – ss. 2 & 3 – A case u/s 147, 304, 504, 323, 506, 120-B IPC was registered against the six accused persons – On further investigation and on the basis of the call recordings between the co-accused, the names of the appellant was added as accused in the case – Thereafter, a gang chart was prepared against the appellant and sections 2/3 of the Gangsters Act has been lodged/ registered against the appellant – The appellant approached the High Court u/s. 482 of CrPC to quash the order and the FIR registered against her u/s. 2/3 of Gangster Act – The main contention raised by the appellant is that she was not named in the FIR and her name has surfaced in further investigation u/s. 173(8) Cr.P.C – The High Court has dismissed the said writ petition and has refused to quash the criminal proceedings under Sections 2/3 of the Gangsters Act – Whether, a person against whom a single FIR/charge sheet is filed for any of the anti-social activities mentioned in section 2(b) of the Gangsters Act, 1986 can be prosecuted under the Gangsters Act – Held: On perusal of the definitions of ‘Gang’ and ‘Gangster’ under the Gangsters Act, 1986, a ‘Gang’ is a group of one or more persons who commits the crimes mentioned in the definition clause for the motive of earning undue advantage, whether pecuniary, material or otherwise – Even a single crime committed by a ‘Gang’ is sufficient to implant Gangster Act on such members of the ‘Gang’ – The definition clause does not engulf plurality of offence before the Gangsters Act is invoked – There is no specific provision under the Gangsters Act, 1986 like the specific provisions under the Maharashtra Control of Organized Crime Act, 1999 and the Gujarat Control of Terrorism and Organized Crime Act, 2015 that while prosecuting an accused under the Gangsters Act, there shall be more than one offence or the FIR/charge sheet – Therefore, so far as the Gangsters Act, 1986 is concerned, there can be prosecution against a person even in case of a single offence/FIR/chargesheet for any of the anti- social activities mentioned in Section 2(b) of the Act. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 481 |
Petitioner | Shraddha Gupta |
Respondent | The State Of Uttar Pradesh And Others |
SCR | [2022] 17 S.C.R. 622 |
Judgement Date | 2022-04-26 |
Case Number | 569 |
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