Barkat Ali Zaidi - (1.) -What happened was that the applicant who has now come up before this Court under Section 482 of Criminal Procedure Code was hauled up in a Case Crime No. 259 of 2002 under Section 3 (i) of the U. P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as the 'Act') vide first information report dated 17.12.2002, lodged against him at Police Station Cantt., district Kanpur Nagar.
(2.) THE first information report lodged by the Police Officer under the 'Act' above was based on a information report lodged against the applicant in Case Crime No. 254 of 2002 under Sections 407, 471 and 473 of Indian Penal Code at Police Station Cantt. in which no offences mentioned in the Chapters XVI, XVII and XXII of the Indian Penal Code was given. The aforesaid 'Act' postulates the commission of an offence by the accused given in Chapters XVI, XVII, XXII of Indian Penal Code but what happened that subsequently, when the charge-sheet was filed in Case Crime No. 254 of 2002, one of the sections of the aforesaid Chapter being Section 420 of Indian Penal Code was included alongwith Sections 467, 471 and 473 of Indian Penal Code. The contention raised in S.T. No. 93 of 2003, before the Special Judge, U. P. Gangsters and Anti-Social Activities (Prevention) Act, Kanpur Nagar, in the discharge application from the side of the applicant was that since none of the sections enumerated in the aforesaid Chapter of Indian Penal Code were mentioned in the first information reports, no case under the aforesaid Act can proceed. Since the Judge did not accept this contention by passing an order dated 1.10.2005, the accused has come to the High Court.
(3.) I have heard Sri B. N. Rai, learned counsel for the applicant and learned A.G.A. for the State. The point, therefore, to be considered is whether the case under the U. P. Gangsters and Anti-Social Activities (Prevention) Act, can proceed without any of sections of the aforesaid Chapters of the Indian Penal Code, being mentioned in the first information report, and only, on the basis of any of the sections mentioned in the charge-sheet?;