GABBAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Leave granted.

(2.) The appeals are filed against the impugned orders declining the prayer for quashing of an FIR and rejecting the review filed against the said order. FIR No.0125 of 2022 dtd. 28/5/2022 was filed under Sec. 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as, 'the Act of 1986') at the Police Station Kotwali Nagar, District Bahraich. The High Court, after perusal of the Gang Chart produced as Annexure 2, found a number of criminal cases registered against the three different petitioners, one of whom is before us in the above appeals. It was also noticed that all the petitioners before the High Court were in jail, presumably arrested under the various criminal cases pending against them.

(3.) Under the Act of 1986 the petitioners were alleged to be members of a gang as defined therein indulging in activities specifically of land grabbing, fraudulent land transactions, extortion, voluntarily causing hurt, criminal intimidation, breach of peace, cheating, forgery and so on and so forth, many of which offences singly and together are alleged in the various crimes registered against them. The captioned FIR filed under the Act of 1986 relied solely on the Gang Chart drawn up, which was challenged before the High Court. The High Court noticing the various decisions, on interference in criminal proceedings by quashing the FIR or the charge sheet, found a prima facie case made out against the petitioners including the appellant herein and declined relief.