UP Gangsters Act| SC Closes Proceedings Against A Man Who Allegedly Spread Terror For Taking Unlawful Possession Of Land
The Supreme Court disposed of an appeal and closed proceedings against a man charged under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The man had allegedly spread terror and created fear in the minds of the public for unlawfully taking possession of land.
Following the dismissal of the Appellant's petition by the High Court, the investigation officer filed a final report, wherein no offences were levelled against the Appellant. This report was accepted by the Additional Sessions Judge, concluding the proceedings. The Court determined that there was no need for further adjudication in the matter.
The Bench comprising Justice B.R. Gavai and Justice J.B. Pardiwala noted “Thus, it appears that after the High Court rejected the Criminal Miscellaneous Writ Petition No. 28080 of 2018 filed by the appellant herein, the final report was filed by the investigation officer stating that no case was made out to proceed against the appellant for the alleged offences. The said final report having been accepted by the Additional Sessions Judge vide order dated 23.12.2020, nothing more requires to be adjudicated upon in the present matter”.
Senior Advocate Siddhartha Dave appeared for the Appellant.
A Complaint was filed in 2018 stating that while patrolling the police officers found that the Appellant along with his gang had been terrorizing the public and unlawfully occupying land. The complainant further stated that people were afraid to report or testify against them. Therefore, a chart was prepared and sent to the district Magistrate to control criminal activities, and subsequently, an FIR was registered.
The Appellant had contended that the Investigation Officer submitted a final report and then a supplementary report. The Additional Sessions Judge had accepted the final report and closed the proceedings which, was not contested by the Informant.
Accordingly, the Court disposed of the Appeal.
Cause Title: Mahmood Ali v The State of Uttar Pradesh & Ors (2023 INSC 681)
