Farhana vs The State Of Uttar Pradesh

insc-2024-118 Supreme Court of India 19 February 2024 • 6 min read

Judges (2)

J.B. Pardiwala Coram Sandeep Mehta Delivered

Parties (3)

State of Uttar Pradesh Respondent Farhana Appellant Sadarul Islam Appellant

Case Significance

Farhana vs The State Of Uttar Pradesh is a Supreme Court of India decision dated February 19, 2024 (citation: insc-2024-118). The appellants challenged their prosecution under Section 3(1) of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, after being exonerated in the sole predicate offence (FIR under Chapter XVII IPC) which was quashed by the High Court. The Supreme Court quashed the Gangsters Act prosecution, holding that with the predicate offence quashed, the very foundation for continuing prosecution under the Gangsters Act stood struck off. The bench comprised Justices J.B. Pardiwala and Sandeep Mehta. The judgment was delivered by Justice Sandeep Mehta.

Summary

The appellants challenged their prosecution under Section 3(1) of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, after being exonerated in the sole predicate offence (FIR under Chapter XVII IPC) which was quashed by the High Court. The Supreme Court quashed the Gangsters Act prosecution, holding that with the predicate offence quashed, the very foundation for continuing prosecution under the Gangsters Act stood struck off.

What was the outcome of Farhana vs The State Of Uttar Pradesh?

The appellants challenged their prosecution under Section 3(1) of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, after being exonerated in the sole predicate offence (FIR under Ch...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (insc-2024-118)