HC dismisses former MP's plea challenging acquittal of accused in Gangsters Act case

Prayagraj (UP), Dec 6 (PTI) The Allahabad High Court has ruled that crimes registered under the Gangsters Act are against the State and society and an individual complainant does not have the right to file an appeal.

The court made the observation while dismissing an appeal filed by former MP Dhananjay Singh challenging the acquittal of the accused against whom the Gangsters Act was invoked following the incident of October 4, 2002, when indiscriminate firing occurred on the vehicle of then-MLA Singh in the Nadesar area of Varanasi.

Justice Laxmikant Shukla observed that Dhananjay Singh's appeal was inadmissible as the State alone has the right and responsibility to prevent anti-social activities. No individual can be given the right to interfere in the state's jurisdiction, the judge said.

"It is the pious liability of the State to prevent anti-social activities that adversely affect society. However, no individual is entitled to grab the act of the State.

"The duty to adopt preventive measures falls exclusively within the ambit of 'Act of the State', and such actions must be carried out by the State only. No one can be allowed to put his feet in the shoes of the State, and, if it is permitted, it may create another anarchy," the court added.

Many people were injured in the 2002 incident. The police had invoked the Gangsters Act in the case and took action against several accused.

On August 29, 2025, the Special Judge for the Gangster Act in Varanasi acquitted four accused due to lack of evidence. Dhananjay Singh challenged this order in the High Court.

Singh's plea was that he was both the victim and the complainant in the case, and therefore, he should be considered a "victim" and be granted the right to appeal.

The court said, "It is true that the appellant is the informant in the case of 2002 which forms part of the gang chart as one of the cases registered against the accused persons along with other criminal cases. So, the appellant is indeed a victim in the case directly." PTI CORR RAJ RT RT RT RT