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

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

The impugned FIR under the UP Gangsters Act was quashed because the procedural and substantive thresholds of Sections 2(b) and 2(c) were not met: the prosecution relied on a single isolated incident (FIR of 11.10.2022) with no intervening or continued criminal conduct before the gang chart was prepared on 29.04.2023, and the FIR/gang chart lacked material demonstrating organised, continuous criminal activity or gang structure, rendering the invocation of the Act unsustainable.

Parties
Appellants: Lal Mohd. & Anr.; Respondents: State of U.P. & Ors.
Jurisdiction
India
Judgment Date
14 May 2025
Procedural Posture
Criminal Appeal / Appeal by Special Leave Against Dismissal of Writ Petition by High Court (judgment Dated 03.05.2023)
Outcome
Appeal allowed
Legal Topics
Sections 2(b) and 2(c) of Uttar Pradesh Gangsters & Anti Social Activities (prevention) Act, 1986, Quashing of FIR, Gang Membership and Gang Chart, Article 21 of the Constitution, Allegations of Mala Fide/political Motivation
Criminal Law Constitutional Law Sections 2(b) and 2(c) of Uttar Pradesh Gangsters & Anti Social Activities (prevention) Act, 1986 Quashing of FIR Gang Membership and Gang Chart Article 21 of the Constitution Allegations of Mala Fide/political Motivation

Case Brief

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Parties

Lal Mohd. & Anr.

Appellants

State of U.P. & Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal by Special Leave Against Dismissal of Writ Petition by High Court (judgment Dated 03.05.2023)

Legal Issues

  1. 1 Whether the UP Gangsters Act can be validly invoked based on a single FIR where the accused were arrested and released on bail and no new act occurred between the foundational FIR and the gang chart
  2. 2 Whether the impugned FIR and accompanying gang chart satisfy the statutory thresholds of Sections 2(b) and 2(c) of the UP Gangsters Act to establish a ‘gang’ and ‘gangster’
  3. 3 Whether the registration of the impugned FIR amounted to colourable exercise of power or mala fide prosecution in a political context

Ratio Decidendi

The impugned FIR under the UP Gangsters Act was quashed because the procedural and substantive thresholds of Sections 2(b) and 2(c) were not met: the prosecution relied on a single isolated incident (FIR of 11.10.2022) with no intervening or continued criminal conduct before the gang chart was prepared on 29.04.2023, and the FIR/gang chart lacked material demonstrating organised, continuous criminal activity or gang structure, rendering the invocation of the Act unsustainable.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court dated 03.05.2023 set aside
  • Impugned FIR CC No. 132 of 2023 dated 30.04.2023 and all proceedings consequential thereto quashed