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 issued against him, arguing that the conditions for applying the Gangsters Act were not met. The Supreme Court reviewed the original FIRs and the process of approving the gang chart, noting that there was no evidence of a “gang” as defined by the Act, nor any specific overt acts of violence or economic gain attributed to the appellant. The Court found irregularities in the approval process, including a lack of independent application of mind by the authorities, concluding that the continued prosecution constituted an abuse of legal process.
Procedural History:
The appellant initially sought to quash the proceedings initiated against him under the Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986, by filing an application under Section 482 of the Criminal Procedure Code before the High Court of Judicature at Allahabad. Additionally, the appellant sought to quash the non-bailable warrants issued against him. However, the High Court rejected both these applications through orders dated April 19, 2023, and February 28, 2023, and March 14, 2023, respectively. Aggrieved by the High Court’s decision, the appellant filed a Special Leave Petition (Criminal) before the Supreme Court, leading to the present criminal appeals (Nos. 777-778 of 2025)
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Court Observation:
The Supreme Court observed that for the Gangsters Act to apply, there must be evidence of a “gang” as statutorily defined, engaging in organized criminal activity for pecuniary or other benefits, or to instill terror. The Court highlighted that the mere existence of prior FIRs does not automatically justify the application of the Act, especially when specific overt acts or elements of violence, or threat thereof, are missing, and no economic gain is apparent. It critically noted that the approval of the gang chart by the authorities lacked independent application of mind, relying solely on previous vague FIRs without assessing the essential ingredients of the Gangsters Act. The Court found that the High Court erred by not considering these crucial aspects, leading to an abuse of the process of law.
Final Decision & Judgement:
The Supreme Court concluded that the continuation of the Special Sessions Trial arising from FIR No. 850 of 2018 would constitute an abuse of the process of law. Consequently, the appeals were allowed, and the impugned judgment and order of the High Court of Judicature at Allahabad, which had rejected the appellant’s applications for quashing the proceedings and non-bailable warrants, were set aside. As a result, the criminal proceedings originating from FIR No. 850/2018 were definitively quashed by the Supreme Court.
Case Details:
Case Title: Vinod Bihari Lal versus State of Uttar Pradesh & Anr.
Citation: 2025 INSC 767
Criminal Appeal No.:777-778 OF 2025
Date of Judgment:May 23, 2025
Judges/Justice Name: J.B. Pardiwala
Download The Judgement Here