JUDGMENT :

1. Heard Shri Swetashwa Agarwal, learned counsel for the applicants and learned A.G.A. for the State in both the connected applications as both the applications arise out of same FIR, chargesheet and cognizance order.

2. The instant Applications 482 Cr.P.C. have been filed on behalf of the applicants with a request to quash the entire proceedings of Special Case No.113 of 2018 (State Vs. Ranjan Mittal and another) arising out of case crime/FIR No.125 of 2018, under Sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station-Kotwali Nagar, District-Muzaffar Nagar, which is pending in the court of Special Judge, Gangster Act/5th Additional District and Sessions Judge, Muzaffar Nagar along with impugned charge-sheet dated 03.09.20218 as well as cognizance order dated 26.09.0218.

3. The facts of the case in brief are as follows:

The impugned FIR dated 30.01.2018 bearing No.125 of 2018 under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 has been lodged against the applicants on the basis of a single criminal case, which was registered in the year 2015 as case crime No.1063 of 2015, under Sections 420, 467, 468, 471, 120-B IPC, Police Station-Kotwali Nagar, District-Muzaffar Nagar. It is further alleged in the FIR that applicants exercise terror in society and they indulge in heinous offences for their personal, pecuniary and material advantage and their moving freely is not in public interest. They are involved in committing the offences relating to Chapter XVII & XVIII IPC.

4. It is submitted by the learned counsel for the applicants that single base case i.e. case crime No.1063 of 2015, under Sections 420, 467, 468, 471, 120-B IPC, Police Station-Kotwali Nagar District-Muzaffar Nagar was lodged against seven accused persons including the applicants, wherein the allegations of a civil dispute relating to evacuee and non evacuee properties against all seven accused persons including the applicants have been levelled. It has further been alleged that properties in question mostly belong to Government, which is evident from the records obtained from the Tehsildar and with the intention to damage and destroy the same, two deeds dated 26.02.2003 and 01.05.2003 were executed and forged documents were also prepared by the accused persons including the present applicants.

5. It is further submitted that applicants are neither vendees nor vendors of the alleged property, on the basis of which, instant FIR has been lodged against them, which is evident from the sale deed dated 11.10.2001 executed by Jamshed Ali Khan and others in favour Neeraj Jain, as such, on the basis of the allegations made in the impugned FIR dated 30.01.2018 no offences under Sections 420, 467, 468, 471, 120-B IPC are made out against the applicants.

6. Learned counsel for the applicants submitted that in the present case applicants have been falsely implicated on the basis of arbitrary selection and other co accused persons have been left over. In the instant case, approval has also been appended by the District Magistrate, Muzaffar Nagar and S.S.P, Muzaffar Nagar in an arbitrary and mechanical way without any material available on record. Impugned FIR has been lodged on the basis of vague assumption and presumption against the applicant without there being any incriminating material or evidence available on record. It is further submitted that in base case i.e. case crime No.1063 of 2015, on the basis of which, impugned FIR has been lodged, arrest of the applicant Ranjan Mittal was stayed till the submission of police report under Section 173(2) Cr.P.C. by a Division Bench of this Court vide order dated 24.07.2015 in Criminal Misc. Writ Petition No.17767 of 2015. However, upon submission of chargesheet, the entire criminal proceedings along with charge-sheet in question was challenged before th