SHRADDHA GUPTA versus THE STATE OF UTTAR PRADESH AND OTHERS

Citation: [2022] 17 S.C.R. 622 · Decided: 26-04-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Dismissed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 17 S.C.R.
[2022] 17 S.C.R. 622
622
SHRADDHA GUPTA
v.
THE STATE OF UTTAR PRADESH AND OTHERS
(Criminal Appeal Nos. 569-570 of 2022)
APRIL 26, 2022
[M. R. SHAH AND B. V. NAGARATHNA, JJ.]
Uttar Pradesh Gangster and Anti-Social Activities (Prevention)
Act, 1986 – ss. 2 & 3 – A case u/s 147, 304, 504, 323, 506, 120-B
IPC was registered against the six accused persons – On further
investigation and on the basis of the call recordings between the
co-accused, the names of the appellant was added as accused in
the case – Thereafter, a gang chart was prepared against the
appellant and sections 2/3 of the Gangsters Act has been lodged/
registered against the appellant – The appellant approached the
High Court u/s 482 of CrPC to quash the order and the FIR registered
against her u/s 2/3 of Gangster Act – The main contention raised
by the appellant is that she was not named in the FIR and her name
has surfaced in further investigation u/s 173(8) Cr.P.C – The High
Court has dismissed the said writ petition and has refused to quash
the criminal proceedings under Sections 2/3 of the Gangsters Act –
Whether, a person against whom a single FIR/charge sheet is filed
for any of the anti-social activities mentioned in section 2(b) of the
Gangsters Act, 1986 can be prosecuted under the Gangsters Act –
Held: On perusal of the definitions of ‘Gang’ and ‘Gangster’ under
the Gangsters Act, 1986, a ‘Gang’ is a group of one or more persons
who commits the crimes mentioned in the definition clause for the
motive of earning undue advantage, whether pecuniary, material
or otherwise – Even a single crime committed by a ‘Gang’ is sufficient
to implant Gangster Act on such members of the ‘Gang’ – The
definition clause does not engulf plurality of offence before the
Gangsters Act is invoked – There is no specific provision under the
Gangsters Act, 1986 like the specific provisions under the
Maharashtra Control of Organized Crime Act, 1999 and the Gujarat
Control of Terrorism and Organized Crime Act, 2015 that while
prosecuting an accused under the Gangsters Act, there shall be
more than one offence or the FIR/charge sheet – Therefore, so far
as the Gangsters Act, 1986 is concerned, there can be prosecution
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against a person even in case of a single offence/FIR/chargesheet
for any of the anti- social activities mentioned in Section 2(b) of the
Act.
Dismissing the appeal, the Court
HELD: 1. On a fair reading of the definitions of ‘Gang’
contained in Section 2(b) and ‘Gangster’ contained in Section 2(c)
of the Gangsters Act, a ‘Gangster’ means a member or leader or
organiser of a gang including any person who abets or assists in
the activities of a gang enumerated inclause (b) of Section 2, who
either acting singly or collectively commits and indulges in any
of the anti-social activities mentioned in Section 2(b) can be said
to have committed the offence under the Gangsters Act and can
be prosecuted and punished for the offence under the Gangsters
Act. There is no specific provision under the Gangsters Act, 1986
like the specific provisions under the Maharashtra Control of
Organized Crime Act, 1999 and the Gujarat Control of Terrorism
and Organized Crime Act, 2015 that while prosecuting an
accused under the Gangsters Act, there shall be more than one
offence or the FIR/charge sheet. As per the settled position of
law, the provisions of the statute are to be read and considered
as it is. Therefore, considering the provisions under the
Gangsters Act, 1986 as they are, even in case of a single offence/
FIR/charge sheet, if it is found that the accused is a member of
a ‘Gang’ and has indulged in any of the anti-social activities
mentioned in Section 2(b) of the Gangsters Act, such as, 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 and he/she can be termed as
‘Gangster’ within the definition of Section 2(c) of the Act, he/
she can be prosecuted for the offences under the Gangsters
Act. Therefore, so far as the Gangsters Act, 1986 is concerned,
there can be prosecution against a person even in case of a
single offence/FIR/chargesheet for any of the anti-social
activities mentioned in Section 2(b) of the Act provided such an
anti- social activity is by violence, or threat or show of violence,
or intimidation, or

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