SUBHASH Vs. STATE OF U P

JUDGEMENT

(1.) -In all these matters, the respective petitioners have challenged their prosecution for an offence under Section 2/3 of the U. P. Gangsters and Anti-Social Activities (Prevention) Act (in short 'the Act'). Prayers have been made for quashing the respective F.I.Rs. and for interim orders protecting them from arrest.

(2.) THE questions, that have been raised, may be categorised as follows :

(3.) IT has been contended before the Full Bench that the Act desired to punish a mere status of a person without there being any actus reus. This contention was negatived and the Court held that a person was not liable to be punished under the Act merely because he happened to be a member of a group. The Court was of the view that under this Act, a person could be accused of an offence only if he had chosen to join a group which indulged in anti-social activities, defined under the Act, with use of force for obtaining material or other advantages to himself or to any person. The element of actus reus was clearly present in the offence created under the statute, as observed by the Full Bench.