DEEPAK KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Manish Tiwari, Learned Senior Advocate for the petitioners and Shri Pankaj Saxena, learned AGA for the State. Challenge in the writ petition is to the first information report dtd. 30/6/2023 giving rise to Case Crime No. 441 of 2023 under Sec. 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Kasganj, District-Kasgang.

(2.) The submission of learned counsel for the petitioners is that the offences alleged in the first information report do not fall within the category of offences specified in the Act of 1986. In any case, the petitioner does not fall within the definition of the word 'gang' as occurring in Sec. 2(b) of the Act. Another ground taken in the writ petition is that the proceedings under the Gangsters Act are mala fide. No cognizable offence is disclosed from the allegations made in the first information report.

(3.) The petitioners in the writ petition are Deepak Kumar @ Deepak Maratha and Monu Maheshwari @ Manoj Kumar. The provisions of the Gangsters Act have been imposed against them on the basis of a single case being Case Crime No. 256 of 2023 under Ss. 3/4 of the Public Gambling Act wherein the petitioners are stated to be on bail.