Prayagraj: The High Court of Allahabad has held that the first information report lodging under the Gangster Act even for a person’s involvement in a single valid and permitted criminal case.
A group of 12 writing petitions along with other people connected with the general question whether the first information report in the provisions of the Uttar Pradester Gangster and anti-social activities (Prevention) Act, 1986 (Gangster Act) can be proposed and can be maintained on the basis of the involvement of the applicant / accused in one case previously.
While rejecting the direct petition filed by Ritesh Kumar aka Rikki and others, the division bench consisting of pritinker justice was represented and Justice Samit Gopal, “in a petition under Article 226 (Writ Jurisdiction) of the Indian Constitution, the High Court cannot conjudicate the truth of the accusation In the report the first information stabbed or the cases based on the first information report has been submitted.
“Public land as raised in all writing petitions is that the applicant has been accused of accusing the first information report that has been submitted under the provisions of the gangsters acting based on the provisions Their involvement in the solitary case, and even their gang the graph was prepared and approved by the authorities showed that there was one case against them on the basis of the first information report that was revealed has been registered with illegal and the essence of the Gangster Act.
The first information report said cannot be submitted based on a solitary case and hence, the WRIT petition must be permitted and each reported the first canceled information.
After hearing the advice of the applicant and the state, the court discussed several assessments and decided this important question.
The court made this decision on August 5.