LODGING OF FIR UNDER UP GANGSTER ACT ON THE BASIS OF A SINGLE CASE IS NO MORE RES INTEGRA, THUS VALID: ALLAHABAD HIGH COURT.
Last Updated on August 9, 2021 by Administrator
By- Neha Virmani
The bench comprising of Justice Samit Gopal and Justice Pritinker Diwakar while hearing a video conferencing proceeding of Writ Petition over the issue related to validity of filling of FIR report under the provisions of UP Gangsters & Anti-Social (prevention), Act 1986, observed that such FIR will be permissible and maintainable on the basis of involvement of accused/petitioner in any case related.
The bench while dealing with the specific writ petition & dozens of other petition related/connected to the same issue relied on the landmark rulings of the Allahabad High Court in the case of Subhash v. State of UP & others, 1998 where it was held that: “FIR could lie even for a single incident as habituality of the act is not required for making out an offence” Further it has been stated that when a specific offence has been created, it is open to be punished even for single act, if covered by the requirements of law.
Thus, while stating these Para from the landmark judgment, the bench dismissed all the 12 pleas and any other previous ruling which supported the contention that FIR cannot be lodged under UP Gangster Act on the basis of a single case.
