What is the procedure for Filing a FIR under U.P . Gangster Act ? Or it is same under Section 154(1) Would appreciate a response
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 21 May 2022
A member of a 'Gang' acting either singly or collectively may be termed as a member of the 'Gang' and comes within the definition of 'Gang', provided he/she is found to have indulged in any of the anti-social activities mentioned in Section 2(b) of the Gangsters Act,"
a person does not have to be a repeated offender to be prosecuted under the stringent Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, and the first time offender can also face the charges under the special law after being part of a gang.
Dr J C Vashista (Advocate) 22 May 2022
A victim / complainant shall have to get his / her complaint lodged before jurisdictional police station where the complaint shall be registered as FIR.
Which Act / Section is applicable on the accused shall have to be considered by police where complainant can resist in the Court (in protest), if appropriate provisions / law is not slapped on the accused, at the time of framing charges.
khurana 22 May 2022
Thank you so much , Appreciate the response . Tried to lodge a FIR but jurisdictional police is refusing to do so asking for a Gang Chart .. As I have no Clue on Preparing a Gang Chart decided to ask an Expert ... Your response is highly appreciated..
Shweta 23 May 2022
For pursuing a case under the Uttar Pradesh Gangster and Anti-social Activities, 1986 you need to file the FIR in the same manner as under Section 154 of the Code of Criminal Procedure, 1973 (Code). The aim of the Act is to book the well-known gangsters of the state and to put them behind bars so as to curb such organized crimes and anti-social activities that disturb the tranquillity of the state.
This can be ascertained through the detailed reading of the Act. While perusal of Section 10 of the Act which describes the procedure and powers of the Special Court it is noteworthy that the provision states the Special court shall take cognizance of the case “upon receiving a complaint or a police report.” Here, the term complaint or police report manifestly does not point out FIR under Section 154 of the Code however, since there is no explanation attached to the provision which suggests non-applicability of Section 154, the application of Section 154 can be ascertained through purposive interpretation. In simpler terms it means that the legislature intended that the FIR should be lodged in the same manner as is prescribed under Section 154.
In the matter Santosh Batham vs State Of U.P. Thru. Prin. Secy (2021 Allahabad HC) where a writ petition was filed under Article 226 to quash the FIR under Section 2 and Section 3 of the Act. Further perusal of the matter indicate filing of FIR in the similar manner as is prescribed under Section 154 of the Code.
The case should fall under cognizable case. A cognizable case is a case under which the police officer can make an arrest without warrant.
I hope this helps to resolve your query.
khurana 23 May 2022
Dear Madam :
you have answered all my question .. My heartfelt thanks to you .. Much Much Appreciated .. You have saved my Life