Strict Scrutiny Essential for FIRs Registered Under UP Gangsters Act : Supreme Court

Strict Scrutiny Essential for FIRs Registered Under UP Gangsters Act : Supreme Court

  • Case Name: Jay Kishan & Ors v The State of UP & Ors.
  • Judge(s): Justices Sudhanshu Dhulia and Ahsanuddin Amanullah

The Supreme Court ruled that FIRs under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, must undergo strict scrutiny to prevent misuse in property or financial disputes. It emphasized that Article 21 protections cannot be ignored merely due to a criminal case.

The Court quashed a case where the FIR invoked IPC Sections 395, 427, 506, 420, 406, 120B, and 504, finding no evidence of organized crime or public intimidation.

Citing Mohammad Wajid V State of UP (2023) case, the court reiterated that stringent laws require strict compliance with statutory thresholds to prevent arbitrary prosecution and safeguard fundamental rights.

Court Judgement / 10 months ago

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