10661 A T N A I N I TA L Cr i m i v. St at e of Ut t arakhand and Anot her

Mr. Dinesh Chauhan, AGA for t he St at e H o n ’ b l e M a n o j K u m a r Ti w a r i , J.

1. This Crim inal Miscellaneous Applicat ion, under Sect ion 528 BNSS is preferred t o quash t he cognizance and sum m oning order dat ed 22.02.2019, passed by Addit ional Judge Special Court ( Gangst er Act ) , Rudrapur, Dist rict Udham Singh Nagar. Applicant s also seek t o quash t he Chargesheet dat ed 21.02.2019, as well as ent ire proceedings of Special Sessions Trial No. 06 of 2019, St at e Vs. Harkesh alias Rakesh Saini and ot hers, for offence punishable under Sect ion 2/ 3 of Gangst er Act arising out of FI R No. 15 of 2018 dat ed 19.01.2018 regist ered at P.S. Jaspur, Dist rict Udham Singh Nagar, pending before t he sam e Court .

2. Learned counsel for t he applicant s subm it s t hat five different set of FI Rs were lodged against applicant No. 1 and 2 and all t he FI Rs have now result ed in t heir acquit t al. He point s out t hat as per Gang Chart , following five FI RS were regist ered against applicant No. 1:

1. FI R No. 264/ 2017, under Sect ions 420, 467, 468, 471, 506 I PC at P.S. Jaspur, U.S. Nagar

2. FI R No. 92/ 2017, under Sect ions 419, 420, 467, 468, 471, 34 I PC, P.S. Kunda 1

3. FI R No. 124/ 2014, under Sect ions 447, 323, 506 I PC, PS Jaspur

4. FI R No. 253/ 2014, under Sect ions 323, 504, 506, 427 I PC, PS Jaspur

5. FI R No. 10/ 2018, Under Sect ions 420, 467, 468, 471, 506 I PC, PS Jaspur

3. Out of aforesaid FI Rs, applicant was acquit t ed in FI R No. 264 of 2017 and FI R No. 10 of 2018, based on com pounding ordered by coordinat e Bench of t his Court .

4. Learned counsel for t he applicant s furt her subm it s t hat in ot her t hree FI Rs, nam ely, FI R No. 92 of 2017, FI R No. 124 of 2014 and FI R No. 253 of 2014, applicant was acquit t ed by t he t rial Court and t herefore, now t here is no m at erial what soever t o cont inue wit h t he prosecut ion under Gangst ers Act .

5. He point s t hat as per Gang Chart , following five FI Rs were also regist ered against applicant No. 2, nam ely:

1. FI R No. 264/ 2017, under Sect ions 420, 467, 468, 471, 506 I PC at P.S. Jaspur, U.S. Nagar

2. FI R No. 92/ 2017, under Sect ions 419, 420, 467, 468, 471, 34 I PC, P.S. Kunda

3. FI R No. 304/ 2017, under Sect ions 294 I PC, PS Jaspur

4. FI R No. 10/ 2018, under Sect ions 420, 467, 468, 471, 506 I PC, PS Jaspur

5. FI R No. 15/ 2018, Under Sect ions 420, PS Kunda

6. He subm it s t hat out of aforesaid FI Rs, FI R No. 264 of 2017, 10 of 2018 and 15 of 2018 result ed in acquit t al of t he applicant , based on com pounding by coordinat e Bench of t his Court and in FI R No. 92 of 2017 and FI R No. 304 of 2017, he was acquit t ed by t he 2 t rial Court . Thus, he subm it s t hat now t here is no case pending against t he applicant which m ay warrant his prosecut ion under Gangst er Act .

7. Learned counsel for applicant s t hus subm it s t hat in view of t he developm ent s as discussed above, Crim inal Miscellaneous Applicat ion deserves t o be allowed and t he ent ire proceedings of Special Sessions Trial No. 06 of 2019, St at e Vs. Harkesh alias Rakesh Saini and ot hers, deserve t o be quashed.

8. Learned counsel for t he applicant s also placed reliance upon a j udgm ent dat ed 13.11.2019, rendered by coordinat e Bench of t his Court in Crim inal Misc. Applicat ion ( C482) No. 726 of 2019, whereby proceedings under Gangst er Act against co- accused Avt ar Singh, were quashed.

9. Mr. Dinesh Chauhan, learned AGA concedes t hat in view of t he acquit t al of t he applicant s in connect ion wit h aforesaid FI Rs, now t here is no m at erial left for prosecut ing t he applicant under Gangst er Act . He subm it s t hat he has no obj ect ion if ent ire proceedings of Special Sessions Trial No. 06 of 2019, St at e Vs. Harkesh alias Rakesh Saini and ot hers, pending before t he Court of Addit ional Judge Special Court ( Gangst er Act ) , Rudrapur, Dist rict Udham Singh Nagar are quashed.

10. Proceedings under t he Gangst er Act are not aut onom ous; t hey are derivat ive and cont ingent upon valid predicat e offence and once t he predicat e offences for t he Gangst ers Act are quashed or ot herwise do not survive, t he very foundat ion for prosecut ing under t he 3 Act st ands st ruck off and all proceedings under it m ust be quashed.

11. I n view of above, present Crim inal Misc. Applicat ions are allowed. Consequent ly, sum m oning order dat ed 22.02.2019 as well as ent ire proceedings of Special Sessions Trial No. 6 of 2019, St at e Vs. Harkesh @ Rakesh Saini and ot hers for offences punishable under Sect ions 2/ 3 of Gangst er Act , arising out of FI R No. 15 of 2018, regist ered at P.S. Jaspur, Dist rict Udham Singh Nagar, pending before t he Court of Addit ional Judge Special Court ( Gangst er Act ) , Rudrapur, Udham Singh Nagar are hereby quashed, qua t he applicant s. Mahinder/ MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a 18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1 BC9EA4BABA43D2B8F, cn=MAHINDER SINGH ( M a n o j K u m a r Ti w a r i , J.) 28.11.2025 4