Prayagraj: The Allahabad High Court has stayed the arrest of a minor who had contested invoking of the Gangster Act against him in Uttar Pradesh’s 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 Tuesday on a petition filed by minor and five other members of the gang.
Counsel for petitioner No. 4, who was a minor, argued that as per the High School certificate, he was a minor when an FIR under the 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 that “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 UP Gangster and Anti-Social Activities (Prevention) Act, 1986, police station- Thathiya, district- Kannauj.”
The case will next be listed after five weeks.
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