Gangster Act Proceedings Quashed Against Six Individuals

With this observation, the single bench of Justice Dr. Gautam Chaudhry allowed the petition filed by Devendra Kushwaha and five others and quashed the ongoing criminal proceedings under the Gangster Act. The petitioners and co-accused were booked under Section 2 / 3 of the Gangster Act at Police Station Kotwali Lalitpur on the basis of crime no. 576/2023. The advertisement alleged that the accused maintained an organised criminal gang. For their personal gains, they carried out violent and anti-social activities in the district. The police had prepared a gang chart, which was approved in a joint meeting of the concerned authorities, after which the FIR was registered. The petitioners had filed a petition seeking quashing of the entire proceedings of the case, including the cognizance / summoning order issued by the trial court in the Gangster Act case. The petitioners contended that the requisite conditions of law have not been fulfilled for invoking the Gangster Act against them. The appropriate action under the Gangster Act by merely basing the criminal cases already registered have not been incorporated by the state government to establish their independent role in the criminal activities.