Jay Kishan and Ors. vs The State of Uttar Pradesh and Ors.

Court

Supreme Court of India

Date

12 February 2025

Case No.

Criminal Appeal No. 727 of 2025

Result

Allowed

Bench

Sudhanshu Dhulia, Ahsanuddin Amanullah

Citation

[2025] 3 S.C.R. 65 : 2025 INSC 198

Acts & Sections

Uttar Pradesh Gangsters & Anti-Social… IPC Constitution

Issue for consideration

Whether the High Court was justified in dismissing the writ petition filed by the appellants for quashing the FIR under Sections 2 and 3 of the Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986. FIR against the appellants, if ought to be quashed.

Headnote

Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986 – ss.2, 3 – Penal Code, 1860 – ss.420/406/120B/504/395/427/506 – Constitution of India – Article 21 – The allegations in the Criminal Cases (CCs) cited in the FIR to invoke the Gangsters Act against the appellants were civil in nature – FIR against the appellants, if ought to be quashed:

Held: Yes – Cases cited in the FIR to invoke the Gangsters Act against the appellants related to certain property and monetary transactions which were primarily civil in nature – Addition of various Sections of the IPC in the three CCs may come under the ambit of the offences specified in s.2(b) of the Gangsters Act however, mere invocation of certain Sections of the IPC cannot preclude the Court from lifting the veil to understand what actually lies beneath the material, which is sought to be made the basis for invoking the Act – Right to life and liberty guaranteed u/Article

21 cannot be overlooked only because criminal cases have been registered against a person – Authorities do not have unfettered discretion to invoke the Gangsters Act – The more stringent or penal a provision, greater the emphasis and requirement for it to be strictly construed – Compliance and strict adherence mean that only an eyewash by making allegations with a view to set up grounds to justify resort to the Act would not suffice – Material(s) must be available to gauge the probability of commission of the alleged offence(s) – The CCs do not fall within the net of ‘violence, or threat or show of violence, or intimidation, or coercion or otherwise with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage’, as mandated u/s.2(b) of the Gangsters Act – Resort to the Gangsters Act by the State was premature and uncalled for – FIR quashed – Impugned judgment set aside. [Paras 23, 24, 26-28]

Judgment Ahsanuddin Amanullah, J. Heard learned senior counsel/counsel for the parties. 2. Delay condoned. 3. Leave, as prayed for, granted. 4. The present appeal arises out of the Final Judgment and Order dated 17.01.2024 (hereinafter referred to as the “Impugned Judgment”),1 passed by a learned Division Bench of the High Court of Judicature at Allahabad (hereinafter referred to as the “High Court”) in Criminal Miscellaneous Writ Petition2 No.19541/2023, whereby the High Court dismissed the Writ Petition filed by the appellants for quashing the First Information Report3 being CC4 No.0092

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