Supreme Court of India · 2020-02-13
Padma Mishra vs State Of Uttarakhand
- Citation / case number
- AIRONLINE 2020 SC 352
- Court
- Supreme Court of India
- Petitioner
- Padma Mishra
- Respondent
- State Of Uttarakhand
- Author
- Indira Banerjee
- Bench
- Aniruddha Bose, Indira Banerjee
Judgment text excerpt
The Supreme Court upheld the High Court's dismissal of a writ petition under Article 226 challenging FIR No.179/2009 filed under Sections 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The Court clarified that the definition of 'gangster' under Section 2(c) includes individuals who abet or assist in gang activities, and the allegations in the FIR, which included acts of violence and intimidation, warranted penalization under the Gangsters Act. The Court concluded that the High Court's refusal to quash the FIR was justified as the allegations disclosed an offense.