Can Gangster Act be Invoked On the basis of a Solitary Case? Allahabad HC Stays Arrest

On Wednesday, the Allahabad High Court has stayed the arrest of a Person accused under Section 2/3of  Gangster Act

The Petitioner has challenged the FIR dated 14.03.2021 charging him under Section 2/3 Gangster Act. 

The Counsel for the Petitioner submitted that as per the gang-chart, the provisions of Gangster Act have been invoked against the petitioner on the basis of solitary case under Section 376 IPC. This shows totally non application of mind, inasmuch as the petitioner was never charge-sheeted under Section 376 IPC in the said criminal trial no.404 of 2020. The charge under Section 376 IPC was against the co-accused. 

A Division Bench of Justice Anjani Kumar Mishra and Justice Syed Aftab Husain Rizvi after perusing the record observed that the argument made by the counsel for the petitioner is factually correct. 

As such the court has directed that until further orders, petitioner shall not be arrested consequent to the impugned FIR dated 14.03.2021.

Case Details :- CRIMINAL MISC. WRIT PETITION No. – 3587 of 2021 

Coram:Justice Anjani Kumar Mishra and Justice Syed Aftab Husain Rizvi

Petitioner :- Darshan Gupta 

Respondent :- State Of U.P. And 2 Others 

Counsel for Petitioner :- Ashwini Kumar Ojha 

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