JUDGMENT :

1. The present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “CrPC”) has been filed, seeking quashing of the order dated 04.08.2022 whereby the discharge application of the accused-petitioner has been rejected by the learned Additional Sessions Judge 1st, Ghazipur in Special Sessions Trial No.980 of 2012 (State Vs. Afjal Ansari) under Section 3(1) of The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as the “Gangsters Act”), arising out of Case Crime No.01052 of 2007 lodged at Police Station Mohammadabad, District Ghazipur as well as for quashing of the order dated 23.09.2022 passed by the Special Judge (MP/MLA) Court/Additional Sessions Judge, Ghazipur by which charges have been framed against the accused-petitioner in Special Sessions Trial No.980 of 2012 under Section 3(1) of the Gangsters Act in the said case.

Further prayer has been made for quashing of the entire proceedings of the Special Sessions Trial No.980 of 2012.

2. Heard Mr. Dilip Kumar, learned Senior Advocate, assisted by Mr. Upendra Upadhyay and Mr. Ajay Srivastava, Advocates, representing the accused-petitioner, as well as Mr. Mahesh Chandra Chaturvedi, Additional Advocate General assisted by Mr. Sanjay Kumar Singh, representing respondent-State, and gone through the entire file.

3. It is said that the applicant is a social worker and politician. He remained Member of Legislative Assembly (hereinafter referred to as the “MLA”) from Mohammadabad Constituency, District Ghazipur since 1985 and got elected five times. At present the accused-petitioner is second time Member of Parliament from Ghazipur Constituency.

4. The accused-petitioner was an accused in offence of brutal and gruesome murder of the then sitting MLA, Late Krishna Nand Rai and six others for which an FIR was lodged at Case Crime No.0589 of 2005, under Sections 147, 148, 149, 307, 302, 404 and 120-B IPC at Police Station Bhanvar Kol, District Ghazipur. The accused-petitioner, along with co-accused, were charge sheeted in the said offence. The trial of the said case got transferred by the Supreme Court to the CBI Court situated at Rouse Avenue Court Complex, New Delhi. The CBI Court, presided over by Mr. Arun Bhardwaj, Special Judge (PC Act): CBI-09 (MPs/MLAs Cases) RACC, New Delhi had acquitted all the accused vide judgment and order dated 03.07.2019 as all the eye-witnesses and other material witnesses turned hostile. Paragraphs 936 to 943 of the said judgment and order dated 03.07.2019 would be relevant to extract here-under:-

“936. Hostile Witnesses:-This is a gruesome case involving murder of seven persons. The investigation of the case was transferred from U.P. Police to CBI. The trial of the case was also transferred from U.P. to Delhi. Unfortunately, the case of the prosecution has suffered as all the eye witnesses and other material witnesses turned hostile. 937. The Hon'ble Supreme Court in the case of Mahender Chawla & Ors vs. Union of India & Ors, 2018 (12) JT 21 has noted the important of the witness particularly in a criminal trial as under:-

"In search of truth, he plays that sacred role of the sun, which eliminates the darkness of ignorance and illuminates the face of justice, encircled by devils of humanity and compassion.

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The value of witnesses can’t be denied, keeping in view the dependency of the criminal proceedings on the testimonies and cooperation of witnesses in all the stages of the proceedings, especially in those cases where the prosecution has to establish the guilt with absolute certainty via oral cross-examination of witnesses in hearings open to the world at large. In such cases, the testimony of a witness, even if not as an eye witness, may prove to be crucial in determining the circumstances in which the crime might have been committed...”

938. It is further held by the Hon'ble Supreme Court that:-

“Notwithstanding the same, the conditions of witnes