New Delhi: The Supreme Court on Tuesday said in a judgment that an accused found involved in a crime for the first time can also be tried under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act. Even if only one offence, FIR, charge sheet has been filed for any anti-social activity listed in section 2(b) of the Act.
A bench of Justices MR Shah and BV Nagarathna dismissed the petition filed by a woman in this regard. The petitioner submitted that he did not have any criminal background. For the first time his name has come up in a criminal case. The petitioner has contended that merely on the basis of an FIR or charge sheet, he cannot be treated as a 'gangster' or a member of a gang. Keeping its side against this petition, the state government said that even in the case of an FIR/charge sheet, a case can be started under the Gangster Act for anti-social activities listed in section 2 (b) of the Gangster Act.
The court observed that unlike the Maharashtra Control of Organized Crime Act 1999 and the Gujarat Terrorism and Organized Crime Act, 2015, there is no specific provision in the Gangsters Act 1986 that while prosecuting an accused, there should be more than one offense or FIR/chargesheet. .
Rahul Gandhi to PM Modi: "Hate-in-India" and "Make-in-India" can't coexist
