VidhiSangh

Supreme Court of India · 14/05/2025

LAL MOHD. & ANR. versus STATE OF U.P. & ORS.

[2025] 5 S.C.R. 741 · 2025 INSC 811

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Summary

An FIR under Section 3(1) of the UP Gangsters Act, registered against the appellants more than six months after two FIRs for a single incident of communal violence in which they had already been arrested and bailed, was quashed. A single incident with no subsequent criminal act, no material showing an organised structure or pattern of anti-social activity, and a gang chart prepared days after a relative's election nomination did not meet the thresholds of 'gang' and 'gangster' in Sections 2(b) and 2(c), and the belated invocation bore the hallmarks of a colourable exercise of power.

Issues

  1. Whether prosecution under the UP Gangsters Act satisfies the statutory thresholds of Sections 2(b) and 2(c) when it rests entirely on a single foundational FIR for which the accused have already been arrested and released on bail, and no new act or omission occurred before the gang chart was prepared.
  2. Whether the belated registration of the Gangsters Act FIR, shortly after the nomination of appellant No. 1's daughter-in-law for a Nagar Panchayat election, amounted to a colourable exercise of power warranting quashing.

Provisions considered

Held

Result

Appeal allowed; High Court judgment dated 03.05.2023 set aside; FIR CC No. 132 of 2023 under Section 3(1) of the UP Gangsters Act and all consequential proceedings quashed; observations on the foundational FIRs confined to this purpose and not to affect the pending FIRs CC Nos. 294 and 296 of 2022, which are to be decided on their own merits; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 741.