Supreme Court Stays Coercive Action Against SP Leader Panda Maharaj In FIR Under UP Gangsters Act

Panda Maharaj is a Samajwadi Party Leader who is alleged for an offence under Section 2/3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.

While issuing notice to the State, a bench of Justice B.R. Gavai and Justice J.B. Pardiwala noted, “In addition to the usual mode, liberty is granted to the petitioner to serve notice through the Standing Counsel for the respondent/State. 4…In the meantime, no coercive action be taken against the petitioner”

Advocate Shailesh Madiyal appeared for the petitioner.

The FIR was lodged on November 26, 2022 under Section 2/3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 at Police Station Handiya in Prayagraj.

The present appeal challenges an impugned final judgment and order dated March 15, 2023 and a review petition dated April 17, 2023 passed by the Allahabad High Court.

A division bench of Justice Anajani Kumar Mishra and Justice Nand Prabha Shukla, without prejudicing the right to seek anticipatory bail, had dismissed the petition seeking quashing of the FIR.

It had observed, “Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the submissions made on behalf of the petitioner are his defence, which cannot be looked into while dealing with a writ petition seeking quashing of a first information report. Moreover, the allegations made in the First Information Report clearly disclose commission of cognizable offences and the allegations are serious in nature. Therefore, prayer of the petitioner to quash the First Information Report is completely misconceived and is rejected”.

Subsequent to which, on April 17, 2023, the bench even dismissed the review application for being misconceived.

It is pertinent to note that Section 3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 provides for the penalty under the Act.

Section 3(1) of the Act reads as, “A gangster, shall be punished with imprisonment of either description for a term which shall not be less than two years and which may extend to ten years and also with fine which shall not be less than five thousand rupees: Provided that a gangster who commits an offence against the person of a public servant or the person of a member of the family of a public servant shall be punished with imprisonment of either description for a term which shall not be less than three years and also with fine which shall not be less than five thousand rupees”.

Cause Title: Prakash Chandra Tripathi Alias Panda Maharaj v. State Of U.P. & Ors.