Supreme Court Stays Advocate's Arrest Under UP Gangsters Act In Case Over Sale Deed Executions

The Supreme Court today(June 18) granted protection from arrest to Advocate Sandeep Kumar, who was allegedly arrested under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, for being a deed-writer for certain sale deeds.

A special leave petition has been filed in this case against the Allahabad High Court's order dated August 2, 2024, whereby the Court refused to quash a first information report under Sections 2 and 3 of the 1986 Act against the petitioner.

Before a bench comprising Justice Ujjal Bhuyan and Justice Manmohan, Advocate on Record Anurag Ojha, submitted that the petitioner is a practising advocate and he only rendered his assistance.

There are two FIRs registered against him, which form the base FIR for the purpose of preparation of the gang chart under the 1986 Act. In both FIRs, the high court has ordered a stay and no coercive action, respectively. He further added that the advocate was mechanically put under the 1986 Act. 

The Court, without passing any remarks, ordered: "Heard learned counsel for the petitioner. Petitioner is a lawyer by profession and was instrumental in execution of two sale deeds. There can't be any occasion for the petitioner to be booked under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. Issue notice, returnable...in the meanwhile, petitioner shall not be arrested...subject to the petitioner cooperating with the investigation. List in the last week of August."

The issue raised in this case is whether the mere consultation with an advocate or taking his advice for the preparation of a deed can be a basis to initiate a criminal proceeding against him for rendering his professional services. 

Case Details: SANDEEP KUMAR Vs STATE OF U.P.|D No. 32275/2025

Appearance: Advocate Anurag Ojha Advocate with Advocate Vipul Kumar for petitioner

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