Constitution of India: Art.226 – FIR instituted against the appellant under ss.2/3 of the Uttar Pradesh Gangsters and AntiSocial Activities (Prevention) Act, 1986 – Writ petition seeking quashing of FIR, dismissed by High Court – On appeal, held: In proceedings under Art.226 of the Constitution, High Court does not adjudicate the correctness of the allegations in an FIR – The Court may only intervene in exceptional cases, if the allegations made in the FIR ex facie do not disclose any offence at all – In this case, the FIR, in substance, contained the allegation that the appellant and others were taking recourse to public threats and coercion including physical violence to gang the voices of witnesses in cases against them – Therefore, it cannot be said that the allegations in the FIR did not disclose any act warranting penalization under the Gangsters Act – High Court rightly refused to quash the FIR under Art.226 of the Constitution – No interference with the order of High Court called for – Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 – ss.2 and 3. Dismissing the appeal, the Court
HELD: 1.1 The definition of gangster is made in the Gangsters Act and includes any person who is a member or leader or organizer of a gang or abets or assists in the activities of a gang, which includes violence, threat, intimidation, coercion with the object of disturbing public order or of gaining any undue advantage for himself or any other person. In the FIR, it is G categorically stated that the appellant has, along with others created terror, beating and fighting with the common people. The FIR, in substance, contains the allegation that the appellant and others are taking recourse to public threats and coercion including physical violence to gang the voices of witnesses in H cases against them. [Paras 1, 2][1012-E-F]
1.2. The FIR contains a list of various cases against the appellant pending at the material time when the FIR was lodged and they included offences under the relevant positions of the I.P.C., including Section 323 (voluntarily causing hurt), Section
506 (criminal intimidation) Section 504 (provoking breach of peace) Section 307 (attempt to murder). It cannot therefore, be said that the allegations in the FIR did not disclose any act warranting penalization under the Gangsters Act. In proceedings under Article 226 of the Constitution of India, the High Court does not adjudicate the correctness of the allegations in an FIR. The High Court rightly refused to quash the FIR under Article
226 of the Constitution of India and dismissed the writ petition. [Paras 3, 4, 5][1012-G-H][1013-A-B]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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