E-Paper
HC stays arrest of minor accused under Gangster Act
This protection shall be available either till the next listing or till submission of police report under Section 173(2) CrPC, whichever is earlier, says court
PRAYAGRAJ The Allahabad high court stayed the arrest of a minor who had contested invoking of Gangster Act against him in Kannauj on the ground that the Act cannot be invoked against a minor. In an FIR lodged against him, it was alleged that the boy was a member of Sonu Yadav gang of Kannauj and allegedly involved in illegal mining.
The bench comprising Justice Anjani Kumar Mishra and Justice Vivek Kumar Singh passed the order on a petition filed by Arpit and five other members of the gang.
Counsel for petitioner no 4, who was a minor, argued that as per High School certificate, he was a minor when FIR under Gangster Act was registered and provisions of the Act cannot be invoked against a minor.
After hearing the parties, the court observed: “The first contention of counsel for the petitioners is that the gang chart which has been filed is in non-compliance of Rule 16 framed under Gangster Act. The second contention is that petitioner no.4 is a minor as per High School certificate, which is on record and the provisions of the Gangster Act cannot be invoked under the Gangster Act against the minor.”
The court while granting stay on arrest to the minor petitioner observed: “Till the next date of listing, petitioner no.4 may not be arrested consequent to the impugned FIR dated 27.4.2023 giving rise to case crime no.144 of 2023, under Sections 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, police station- Thathiya, district- Kannauj.”
“This protection shall be available either till the next listing or till submission of police report under Section 173(2) CrPC, whichever is earlier,” added the bench. The case will be listed after expiry of five weeks.
