Quashing of Gangsters Act Charges Against Farhana and Sadarul Islam: Supreme Court Ruling

The Supreme Court of India recently ruled in favor of appellants Farhana and Sadarul Islam, quashing the criminal proceedings initiated against them under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The judgment, delivered by Justices J.B. Pardiwala and Sandeep Mehta, holds significant implications for the interpretation of the Gangsters Act and its applicability when predicate offenses are quashed.

Background of the Case

The case arose from FIR No. 424 of 2022, registered against Farhana and Sadarul Islam under Section 3(1) of the Gangsters Act at Police Station Bhognipur, District Kanpur Dehat. The prosecution alleged that the appellants were part of a gang led by Puskal Parag Dubey and had been involved in multiple criminal cases, including:

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• Crime Case No. 190 of 2021 under Sections 420, 467, 468, 471, 323, 504, and 506 of the Indian Penal Code (IPC).
• Crime Case No. 173 of 2019 under Sections 420, 467, 468, and 471 IPC.

The basis of the prosecution’s case was that these offenses fell within the scope of anti-social activities as defined under Section 2(b)(i) of the Gangsters Act.

High Court’s Decision

The appellants challenged the FIR before the High Court of Judicature at Allahabad, arguing that they were not involved in multiple offenses at the time of registration of the FIR. However, relying on the Supreme Court’s ruling in Shraddha Gupta v. State of Uttar Pradesh, the High Court dismissed their petitions on November 14, 2022, and December 6, 2022, stating that prosecution under the Gangsters Act could proceed even in cases where a person was involved in a single offense.

Supreme Court’s Ruling

The appellants contended before the Supreme Court that both predicate offenses against them had been quashed by the High Court:

• Crime Case No. 173 of 2019 was quashed on March 3, 2023.
• Crime Case No. 190 of 2021 was quashed on October 18, 2023.

They argued that since no predicate offenses existed, the prosecution under the Gangsters Act could not be sustained.

The Court agreed with the appellants, stating:

“For framing a charge under the Gangsters Act, the prosecution must clearly state that the accused is being prosecuted for offenses covered under Section 2(b). Since the predicate offenses have been quashed, the very foundation for prosecution under the Gangsters Act stands struck off.”

As a result, the Court quashed the FIR and all related proceedings.

Legal Implications

This ruling clarifies that when all predicate offenses forming the basis of a prosecution under the Gangsters Act are quashed, the prosecution itself cannot be sustained. The decision reinforces the principle that legal proceedings must be based on substantiated allegations and not merely on the registration of an FIR.

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The judgment serves as a crucial precedent for individuals facing charges under the Gangsters Act and similar preventive laws, ensuring that cases without legal merit do not continue unjustly.

Conclusion

The Supreme Court’s decision in this case highlights the importance of procedural fairness and adherence to the law while applying stringent legal provisions such as the Gangsters Act. The ruling underscores the necessity for a solid legal basis before initiating prosecution under such laws.

Petitioner Name: Farhana.
Respondent Name: State of Uttar Pradesh & Ors..
Judgment By: Justice J.B. Pardiwala, Justice Sandeep Mehta.
Place Of Incident: Kanpur Dehat, Uttar Pradesh.
Judgment Date: 19-02-2024.

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