MEHANDIHASAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Satyendra Narayan Singh, learned counsel for applicants and Sri Paritosh Malviya, learned A.G.A. Ist.

(2.) By means of this application, applicants have prayed for setting-aside entire proceedings of S.S.T. No.22/2022, State Vs. Mehandi Hasan and Ors, impugned cognizance/summoning order dtd. 2/4/2022 and the impugned charge-sheet No.259/2021 dtd. 20/7/2021, arising out of Case Crime No.0433/2020, under Sec. 3 (1) U.P. Gangsters Act, 1986, P.S. Swar, District-Rampur pending before learned Additional District and Sessions Judge, Court, No.3 Rampur.

(3.) Issue involved in the present case is that whether a group of persons acting collectively by violence or otherwise with an object of disturbing public order for gaining any undue temporal pecuniary advantage indulged in anti-social activities of illegal mining would fall under the definition of 'Gang' under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (hereinafter called the 'Act, 1986)'.