The judicial single bench of Justice Dinesh Kumar Singh of Allahabad High Court has slammed Uttar Pradesh Police for misusing the Gangsters Act legislation in Kapil Raidas vs State of UP case. The bench was hearing the plea under Section 439 in connection with FIR filed under Gangsters and Anti-Social Activities Prevention Act of 1986.
The court observed that under the provisions of Gangsters Act five cases have been registered against the applicant accused.
The investigating officer allegedly said that the amount of Rs 6600 recovered from accused. The officers said that three theft are allegedly committed by the applicant accused. The case was registered against the applicant accused and other co- accused in Bhagauli police station.
As per the Prosecution case some packets of cigarettes were recovered from accused for Rs 6600.
Later the court directed Superintendent of Police, Hardoi to "file his personal affidavit that how the investigating officer came to the conclusion that Rs1600 allegedly recovered from the applicant accused belongs to the first case, Rs 1800 to the second case and Rs 3200 to the third case, on the other hand it was a single recovery on August 14 2019 from the accused". The alleged accused was represented by Rakesh K Tripathi in the Court.
High Court was also perplexed and point out that the investigating officer has made five cases in nine days against accused by filing charge sheets.
"It is very strange that investigating officer did know that a particular amount belonged to a particular theft. How does he identify the particular amount belongs to particular case?"
Court further remarked that ""If the Superintendent of Police is of the opinion, that on the basis of the offences for which the provisions of the Gangsters Act have been invoked against the accused-applicant are false, what action he is supposed to take against the investigating officer concerned."
The Court asked to carry out specifically what investigation has investigating officer done to except alleged recovery from accused applicant.
The single bench asked the SP "What action he is supposed to take against the investigating officer concerned" The matter has been planned for hearing in the first or second week of November.
A similar case registered in last year and Budaun Court had issued notice to the District Magistrate and Police chief for the misuse of Gangsters Act.
Gangsters Act is also known by Uttar Pradesh Gangsters and Anti-Social Activities Prevention Act, 1986. The act was enacted in UP by the Congress Government under the Chief Ministership of Vir Bhadur Singh. The main intention of the act was to book 2500 known gangsters of that time.