Section 482 CrPC - The Legal Chamber

UP Gangster Act Misuse? Supreme Court Sets Guidelines for Fair Enforcement

10Jun

By The Legal ChamberNo Comments

Supreme Court

UP Gangster Act Misuse? Supreme Court Sets Guidelines for Fair Enforcement

The Supreme Court quashed criminal proceedings under the UP Gangsters Act, emphasizing that a gang chart's approval requires independent application of mind by authorities and cannot be based solely on prior FIRs, especially without overt acts, violence, or economic gain. The judgment clarified the stringent conditions necessary for invoking the Act and upheld the importance of due process in such cases. Facts Of The Case: The case involved a criminal appeal against a High Court judgment that refused to quash proceedings initiated under the Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986, against the appellant, Vinod Bihari Lal. The appellant was implicated in a "gang chart" based on previous FIRs. He sought to quash the proceedings and non-bailable warrants i...

Supreme Court Rules High Courts CAN Quash DV Act Proceedings Under Section 482 CrPC

The Supreme Court held that High Courts possess inherent jurisdiction under Section 482 CrPC (or Section 528 BNSS) to quash proceedings initiated under Section 12 of the Domestic Violence Act, 2005, as these applications are filed before Criminal Courts (Magistrates). However, such power must be exercised sparingly and only in cases of gross illegality or abuse of process, considering the civil nature of DV Act remedies and its objective as social welfare legislation. The Court clarified that proceedings under the DV Act, though heard by Criminal Courts, remain predominantly civil in character. Facts Of The Case: Vidhi Rawal (Respondent) married Prateek Tripathi on December 12, 2019, in Dewas, Madhya Pradesh. After two years, on December 8, 2021, she complained to Dewas police against Pr...

Supreme Court Rules on BSE Payout Dispute: No Release of Funds Until Fraud Investigation Completes

The Supreme Court held that the High Court exceeded its jurisdiction under Section 482 CrPC by directing the release of funds during an ongoing fraud investigation. Emphasizing that inherent powers cannot preempt trial court findings, the SC ruled that releasing disputed money would prejudice the investigation. The funds must remain withheld until trial concludes. Facts Of The Case: The case involves a dispute between NDA Securities Ltd. (Appellant) and State (NCT of Delhi) & Anr. (Respondents) over the release of ₹15.90 lakhs withheld by the Bombay Stock Exchange (BSE). The appellant, a securities trading firm, alleged fraud after receiving a phone call in 2013 from an impersonator posing as client Brij Mohan Gagrani, instructing the purchase of 1 lakh shares of Ashutosh Paper Mills...