logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide

24

  •            

 
CDJ 2026 SC 116 print Preview print print
Court : Supreme Court of India
Case No : Criminal Appeal No. of 2026 (Arising out of SLP(Crl.) No. 747 of 2023)
Judges: THE HONOURABLE MR. JUSTICE PANKAJ MITHAL & THE HONOURABLE MR. JUSTICE S.V.N. BHATTI
Parties : Sanjeev & Others Versus The State Of Uttar Pradesh & Another
Appearing Advocates : For the Petitioners: ----- For the Respondents: -----
Date of Judgment : 13-01-2026
Head Note :-
Indian Penal Code, 1860 - Sections 376D and 324/34 -
Judgment :-

1. Leave granted.

2. Heard Learned counsel for the parties.

3. The appellant was subjected to proceedings under Sections 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act 1986.

4. The aforesaid proceedings were initiated solely on the basis of the Sessions Case No. 97/2019 initiated against them under Sections 376D and 324/34 of the Indian Penal Code, 1860.

5. We have perused the FIR under the Gangster Act and we are satisfied that there was no other incriminating material against the appellants except for the above case. The appellants have been acquitted in the above solitary case vide judgment and order dated 21.12.2019 passed by the Court of Additional District and Sessions Judge/ Fast Track Court No.1, Bijnor. There is no material on record to establish that the aforesaid judgment has not attained finality or that any appeal has been preferred against it.

6. In view of the aforesaid facts and circumstances, we are of the opinion that as the basis of imposing of Gangster Act is no longer in existence, the proceedings under the Gangsters Act initiated against the appellants are liable to be quashed.

7. Accordingly, the Special Session Case No. 420 of 2021, charge-sheet No. 287/2019 dated 11.12.2019 as well as the cognizance order dated 23.03.2021 arising out of the proceedings under the Gangsters Act are hereby quashed.

8. Accordingly, the appeal stands allowed in the above terms.

9. Pending application(s), if any, shall stand disposed of.

 
  CDJLawJournal