VIKESH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner seeks to issue a writ in the nature of certiorari quashing the first information report no. 61 of 2013 under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.

(2.) The lone case on the basis of which the accused-petitioner was implicated under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, pertained to the first information report dated 49 of 2013 in respect of offences punishable under Sections 109, 110, 115 and 120-B IPC.

(3.) The contention of learned counsel for the petitioner is that the first information report against the accused-petitioner could not have been lodged in respect of offence punishable under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, on the basis of the FIR indicating the offences under Sections 109, 110, 115 and 120-B IPC, in as much as, the said offences are covered by Chapter V of the Indian Penal Code, 1860. The definition of 'Gang' is given in Section 2 (b) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, which is reproduced herein below for ready reference :