Summary
The Supreme Court declined to quash an FIR under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act. Allegations of collective terror, physical violence and coercion to silence witnesses, read with the listed pending cases, disclosed conduct warranting investigation under the Act. The Court did not determine whether those allegations were true or establish the appellant’s guilt.
Issues
- Whether the allegations in the FIR disclosed conduct under the Gangsters Act sufficient to defeat the request for quashing.
Held
- The FIR specifically alleged terror, violence, public threats and coercion directed at witnesses in cases against the appellant and others. With the listed pending offences, it could not be said to disclose no act warranting penalisation under the Gangsters Act. (¶¶ 1, 2, 3)
- In the Article 226 quashing proceedings considered here, the High Court was not to adjudicate the correctness of the allegations. Exceptional intervention where the FIR disclosed no offence was unwarranted on these allegations. (¶¶ 4, 5)
Result
Appeal dismissed; refusal to quash the FIR upheld. Pending applications disposed of.