The acquittal or conviction of the accused-respondent in substantive offences is immaterial for invoking the provisions of Gangsters Act against a person who is otherwise a member of the gang and allegedly commits offences defined under the Act.

JUDGMENT :

1. The present appeal under Section 378 CrPC has been filed against the judgment and order dated 23rd December, 2020 passed by the Special Judge, M.P./M.L.A. Additional Sessions Judge, Court No. 19, Lucknow in Criminal Case No.199 of 2000, arising out of Crime No.0428 of 1999, under Section 2/3 of The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as "Gangsters Act") lodged at Police Station Hazratganj, District Lucknow by means of which the accused-respondent has been acquitted of the charge.

2. This Court, vide order dated 27.04.2021, granted leave and admitted the appeal.

3. Charge-sheet was filed against the accused-respondent and 24 other co-accused in Crime No.0428 of 1999, under Section 2/3 Gangsters Act; co-accused, Akbar Husain, Ram Kumar Singh, Guddu Singh, Rajeev Singh alias Raju, Amit Kumar Rawat, Amit Rai, Anil Kumar Tiwari, Sanjeev Dwivedi alias Ramu, Himanshu Negi, Milit Gaud and Surendra Kumar were acquitted by this Court in different applications/petitions filed by them; co-accused Abhay Singh, Rintu Singh alias Vijay Kumar Singh and Manoj Verma were acquitted, whereas co-accused Manish Singh, Arun Kumar Upadhyay alias Babaloo, Chandra Prakash Singh and Chandan Singh Negi had died and, therefore, case against them got abated; Pawan Kumar Upadhyay, Pushpendra Singh and Sandeep Singh Yadav were discharged by the trial Court from offence under Section 2/3 Gangsters Act; trial of co-accused, Shoeb Kidwai, Indra Dev Mishra and K.D. Singh alias Ajay Prakash were separated.

4. On the basis of complaint of Station House Officer, Tejpal Singh Verma, the FIR came to be registered under Section 2/3 Gangsters Act, alleging therein that the accused-respondent and other co-accused, named in the FIR, is a gang, which commits heinous offences, including murder, extortion, kidnapping and abduction etc; one Suresh Kumar, notorious criminal, along with his 3-4 accomplishes, was heard saying that Abhay Singh, who was imprisoned, had got Shri R.K. Tiwari, the then Jail Superintendent, killed in busy Hazratganj area of Lucknow; accused, Abhay Singh and the accused-respondent run their empire of crime from jail; eye-witness, Vinod was asked not to depose in the said case, in support of the prosecution; he was given threats for which FIR at Crime No.0413 of 1999 came to be registered under Sections 504 and 506 IPC on 30.04.1999. It was further said that the gang-members are dreaded criminals, who commit crime in organized manner for accumulation of wealth for themselves and members of the gang; they strike terror in hearts and minds of the people and no-one dares to lodge FIR even against members of the gang; general public feels in-secured and lives in fear in Lucknow and adjoining areas; on 04.02.1999, Jail Superintendent, Shri R.K. Tiwari was killed in broad-day-light in Hazratganj busy area for which FIR at Crime No.0106 of 1999, under Sections 302 and 307 IPC came to be registered at Hazratganj Police Station; the following other cases are registered against the gang:-

"1. Crime No.0161 of 1990, under Sections 454 and 380 IPC lodged at Police Station Hasanganj;

2. Crime No.064-A of 1999, under Sections 141, 148 and 352 IPC lodged at Police Station Hasanganj;

3. Crime No.00494 of 1995, under Sections 148, 149 and 307 IPC read with Section 7 Criminal Law Amend Act;

4. Crime No.0473 of 1995 under Section 2/3 Gangsters Act;

5. Crime No.020 of 1998, under Section 2/3 Gangsters Act, Police Station Hasanganj;

6. Crime No.055A of 1995, under Sections 147, 148, 149 and 307 IPC;

7. Crime No.0466 of 1995, under Sections 323 and 504 IPC;

8. Crime No.0514 of 1995, under Sections 147, 148, 149 and 307 IPC;

9. Crime No.09 of 1996, under Sections 147, 148, 149 and 302 IPC read with Section 5 Explosive Act;

10. Crime No.0972 of 1998, under Sections 147, 308 and 325 IPC;

11. Crime No.0115-A of 1995, under Section 307 IPC;

12. 080 of 1999, under Sections 448 and 506 IPC;

13. Crime No.0167 of 1999, unde