The Division Bench of the High Court of Judicature at Allahabad made a crucial legal analysis in the case involving the quashing of Gangsters Act proceedings against the appellants. The Court’s decision focused on the interpretation of the provisions of the Act and the necessity for specific anti-social activities to warrant prosecution under it. This summary delves into the court’s detailed legal reasoning and its implications on cases related to the Gangsters Act.
Facts
- The instant appeals were filed by Farhana and Sadarul Islam to challenge the orders passed by the Division Bench of the High Court of Judicature at Allahabad.
- The Division Bench had rejected Criminal Miscellaneous Writ Petition Nos. 16653 of 2022 and 18326 of 2022 filed by the appellants to quash Case Crime No. 424 of 2022 registered against them for offences under the Gangsters Act at Police Station-Bhognipur, District-Kanpur Dehat.
- The main issue to be decided in these appeals is whether the proceedings under the Gangsters Act and the prosecution of the accused can be continued despite their exoneration in the predicate offences mentioned in the Act.
- An FIR was registered against the appellants at the instance of the inspector in-charge of the Police Station, Kanpur Dehat.
- The FIR alleged that the appellants, led by Puskal Parag Dubey, were involved in criminal cases under various sections of the Indian Penal Code.
- The FIR stated that the gang has a criminal history and was being registered to impose restrictions on their activities.
- The appellants challenged the FIR through criminal writ petitions, claiming that only one case was registered against them at the time, and therefore, the proceedings under the Gangsters Act should be quashed.
Arguments
- The appellants implored the Court to accept the appeals and quash the criminal case proceedings against them.
- The appellants argued that a previous decision would not apply to their case as the criminal cases against them had been quashed.
- Crime Case No 173 of 2019 against both appellants was quashed by the High Court in March 2023, and Crime Case No 190 of 2021 against one appellant was quashed in October 2023.
- The appellants’ counsel contended that since there were no ongoing prosecutions for offenses involving anti-social activities, the continuation of the proceedings under the Gangsters Act was unjustified and an abuse of the court’s process.
- Learned counsel for the State argued that the appellants were being prosecuted for multiple FIRs involving anti-social offenses under the Gangsters Act at the time of registration of the FIR in question.
- It was contended that the proceedings of the FIR under the Gangsters Act cannot be quashed based on the decision in the case of Shraddha Gupta.
Analysis
- Section 2(b)(i) of the Gangsters Act defines a ‘gang’ as a group of persons who act together to disturb public order or gain advantage through violence, threat, intimidation, or coercion.
- The primary objective of a gang, as per the definition, is to achieve undue temporal, pecuniary, material, or other advantages for themselves or any other person.
- The language of the provision provides for a broad scope, encompassing both individual and collective actions that aim to disrupt public order or benefit from unlawful activities.
- Prosecution under the Gangsters Act can be initiated against a person involved in a single offense related to anti-social activities.
- Judgment in the case of Shraddha Gupta v. State of Uttar Pradesh established this principle.
- The Division Bench rejected the criminal writ petitions in the present appeals based on this ruling.
- To be prosecuted under the Gangsters Act, the person must be found engaging in anti-social activities under specified sections of the IPC.
- In this case, the prosecution is limited to Section 2(b)(i) of the Gangsters Act for the alleged offence.
- The prosecution must clearly state that the accused are being prosecuted for offenses covered under anti-social activities as defined under Section 2(b).
- The FIR against the appellants for offenses under Chapter XVII IPC was quashed by the High Court, leading to exoneration.
- As the foundation for prosecuting the appellants under the Gangsters Act no longer exists, continuing the prosecution is unjustified and an abuse of court process.
Decision
- Leave granted.
- Impugned orders dated 14 November, 2022 and 6 December, 2022 passed by the High Court of Judicature at Allahabad quashed and set aside.
- Impugned FIR Crime Case No. 424 of 2022 for offence punishable under Section 3(1) of the Gangsters Act registered at Police Station- Bhognipur, District- Kanpur Dehat, and all proceedings thereunder against the appellants are quashed.
Case Title: FARHANA Vs. THE STATE OF UTTAR PRADESH (2024 INSC 118)
Case Number: Crl.A. No.-001003-001003 / 2024
