High Court
Case Details
Neutral Citation No. - 2024:AHC:122281 Court No. - 80 Case :- APPLICATION U/S 482 No. - 24275 of 2024 Applicant :- Palvinder Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subhash Chandra Pandey Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard Shri Subhash Chandra Pandey, learned counsel for the applicant, learned A.G.A. for the State, and perused the entire record. 2. This application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings of S.T. No.72 of 2022,
Legal Reasoning
titled as State v. Palvinder Singh & others, arising out of Case Crime No. 269 of 2021, under Section 3(1) of U.P. Gangster Act, P.S. Swar, District Rampur, pending in the court of Additional District and Sessions Judge, Rampur, on the basis of a compromise. 3. Learned counsel for the applicant submits the provisions of Gangster Act have been invoked against the applicant on the basis of two cases shown in Gang Chart, i.e. (i) case crime no.10 of 2020, under Section 379 IPC and Section 4/21 of Mines and Mineral Act, Public Property and Damages Act, (ii) Case Crime No.64 of 2020, under Section 379 IPC and Section 4/21 Mines and
Legal Reasoning
Mineral Act, Public Property and Damages Act. Learned counsel further submits that proceedings of both the aforesaid cases have been quashed by coordinate Bench of this Court vide order dated 07.12.2022, passed in Criminal Misc. Application under Section 482 Cr.P.C. No. 18216 of 2020, titled as Palvindar Singh & Anr and vide order dated 24.02.2021, passed in Criminal Misc. Application under Section 482 Cr.P.C. No. 18211 of 2020, therefore, there remain absolutely no basis to initiate and continue the instant proceedings, hence the proceedings of instant case are liable to be quashed. 4. Per-contra, learned A.G.A. has opposed the application, but could not dispute the submissions raised by the learned counsel for the applicant. 5. In the instant case, perusal of record shows that the proceedings under Gangster Act were initiated against the applicants mainly on the basis of aforesaid two criminal cases which have been quashed by this Court. The case of the applicant is that as the very basis of initiating proceedings under Gangster Act stand vanished and thus, the impugned proceedings under Gangster Act cannot be continued. At this stage it would be pertinent to mention that recently in case of Farhana Versus State of U. P., SLP (Crl.) No.437 of 2023, decided on 19.2.2024, the Supreme Court held as under: "12. From a bare perusal of Section 2(b)(i) of the Gangsters Act, it would become apparent that the person alleged to be the member of the gang should be found indulging in anti-social activities which would be covered under the offences punishable under Chapters XVI, or XVII or XXII IPC. There is no dispute that the case set up by the prosecution against the appellants insofar as the offences under the Gangsters Act are concerned, is limited to Section 2(b)(i) reproduced supra and none of the other clauses of the provision have for been pressed the proposed prosecution. into service 13. Needless to say that for framing a charge for the offence under the Gangsters Act and for continuing the prosecution of the accused under the above provisions, the prosecution would be required to clearly state that the appellants are being prosecuted for any one or more offences covered by anti- social activities as defined under Section 2(b). 14. There being no dispute that in the proceedings of the sole FIR registered against the appellants for the offences under Chapter XVII IPC being Crime Case No. 173 of 2019, the appellants stand exonerated with the quashing of the said FIR by the High Court of Judicature at Allahabad by exercising the powers under Section 482 of Code of Criminal Procedure, 1973, vide order dated 3rd March, 2023 passed in Application No. 7228 of 2023. 15. Hence, the very foundation for continuing the prosecution of the appellants under the provisions of the Gangsters Act stands struck off and as a consequence, the continued prosecution of the appellants for the said offence is unjustified and tantamounts to abuse of the process of Court. 16. As a consequence of the discussion made herein above, the impugned orders dated 14th November, 2022 and 6th December, 2022 passed by the High Court of Judicature at Allahabad are quashed and set aside. Resultantly, the impugned FIR being Crime Case No.424 of 2022 for offence punishable under Section 3(1) of the Gangsters Act, registered at Police Station- Bhognipur, District- Kanpur Dehat and all the proceedings sought to be taken thereunder against the appellants are hereby quashed. 17. The appeals are allowed accordingly" 6. From the aforesaid pronouncement of the Supreme Court, it appears that in aforesaid case the proceedings under Gangster Act were initiated on the basis of two criminal cases, which were quashed by the High Court and it was observed by the Supreme Court that since the very foundation of continuing the prosecution of the appellants under the provisions of Gangster Act stand struck off and consequently continuing prosecution of the appellant for offence under Gangster Act is unjustified and tantamount to the abuse of the process of the Court. The said case law is squarely applicable to facts of the present case. In the instant matter also, the proceedings of both the cases, on the basis of which impugned proceedings were initiated, have been quashed and thus, the very basis of the impugned proceedings stands vanished and receded. Here it would be relevant to mention that there is no such evidence of any specific incident that the applicant was found indulging in anti-social activities covered under Chapter XVI, XVII and XXII, so as to bring them within the purview of Section 2 (b) (i) of the Gangster Act. 7. In view of the aforesaid, particularly considering the fact that both the criminal cases, on which proceedings under Gangster Act were initiated against the applicant, have already been quashed by this Court and considering the aforesaid position of law, the instant criminal proceedings against the applicant for offence under Gangster Act are unjustified and tantamount to the abuse of the process of the Court, hence the impugned proceedings are liable to be quashed. 8. Accordingly, entire proceedings of Session Trial No.72 of 2022, titled as State v. Palvinder Singh and others, arising out of Case Crime No. 269 of 2021, under Section 3(1) of U.P. Gangster Act, P.S. Swar, District Rampur, against the applicant, are hereby quashed, are hereby quashed. 9. Application under Section 482 Cr.P.C. is allowed. Order Date :- 30.7.2024 A. Tripathi Justice Vinod Diwakar