VIKESH Vs. STATE OF UTTARAKHAND & OTHERS
HIGH COURT OF UTTARAKHAND
State of Uttarakhand and others
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(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner seeks to issue a writ in the nature of certiorari quashing the first information report no. 61 of 2013 under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
(2.) The lone case on the basis of which the accused-petitioner was implicated under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, pertained to the first information report dated 49 of 2013 in respect of offences punishable under Sections 109, 110, 115 and 120-B IPC.
When co-accused Jahid, Hamid Ulla and Rakesh Singh Chauhan were arrested and produced before the Judicial Magistrate, Kashipur, U.S.Nagar, the remand was granted to them in respect of offences Section 115 and 120-B IPC only.
Learned Magistrate found that the offences under Sections 109 and 110 IPC were not attracted. One FIR is lodged against five persons including the petitioner.
(3.) The contention of learned counsel for the petitioner is that the first information report against the accused-petitioner could not have been lodged in respect of offence punishable under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, on the basis of the FIR indicating the offences under Sections 109, 110, 115 and 120-B IPC, in as much as, the said offences are covered by Chapter V of the Indian Penal Code, 1860. The definition of 'Gang' is given in Section 2 (b) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, which is reproduced herein below for ready reference :
"(b) "Gang" means a group of persons, who acting either singly or collectively, by violence, or threat or show of violence, or intimidation, or coercion or otherwise with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person, indulge in anti-social activities, namely-
(i) offences punishable under Chapter XVI or Chapter XVII or Chapter XXII of the Indian Penal Code (Act no. 45 of 1860).";
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