HI GH COURT OF UTTARAKHAND AT NAI NI TAL Criminal Misc. Application (C482 No. 1493 of 2023)

Deepak Saini …Applicant Versus State of Uttarakhand and Another …Respondents And Criminal Misc. Application (C482 No. 1836 of 2023)

Kuldep Singh alias Dumpi …Applicant Versus State of Uttarakhand and Another …Respondents Advocates : Mr. Harshpal Sekhon, Advocate for the applicant Mr. Dinesh Chauhan, AGA for the State Hon’ble Manoj Kumar Tiw ari, J.

1. These Criminal Miscellaneous Applications, under Section 482 CrPC are preferred to quash the cognizance and summoning order dated 22.02.2019, passed by Additional Judge Special Court (Gangster Act), Rudrapur, District Udham Singh Nagar. Applicants also seek to quash the Chargesheet dated 21.02.2019, as well as entire proceedings of Special Sessions Trial No. 06 of 2019, State Vs. Harkesh alias Rakesh Saini and others, for offence punishable under Section 2/3 of Gangster Act arising out of FIR No. 15 of 2018 dated 19.01.2018 registered at P.S. Jaspur, District Udham Singh Nagar, pending before the same Court.

2. It is contended that as per Gang Chart, there were two FIRs registered against the applicants, namely, FIR No. 264 of 2017 under Sections 420, 467, 468, 471, 506 IPC in Police Station, Jaspur and FIR No. 92 of

2017 under Sections 419, 420, 467, 468, 471/34 IPC, Police Station Kunda, District Udham Singh Nagar.

3. Learned counsel for the applicants submits that in FIR 264 of 2017, during investigation, names of applicants were exonerated and no chargesheet has been filed against them for want of evidence. He further submits that applicants were acquitted in trial, which was held pursuant to FIR No. 92 of 2017. Thus, he submits that there is no material or basis whatsoever, for prosecuting the applicants under Gangster Act.

4. Learned counsel for applicants thus submits that in view of the developments as discussed above, these Criminal Miscellaneous Applications deserve to be allowed and the entire proceedings of Special Sessions Trial No. 06 of 2019, State Vs. Harkesh alias Rakesh Saini and others, deserve to be quashed.

5. Learned counsel for the applicants also placed reliance upon a judgment dated 13.11.2019, rendered by coordinate Bench of this Court in Criminal Misc. Application (C482) No. 726 of 2019, whereby proceedings under Gangster Act against co-accused Avtar Singh, were quashed.

6. Mr. Dinesh Chauhan, learned AGA concedes that in view of exoneration of the applicants in connection with FIR No. 264 of 2017 and their acquittal in connection with FIR No. 92 of 2017, now there is no material left for prosecuting the applicants under Gangster Act. He submits that he has no objection if entire proceedings of Special Sessions Trial No. 06 of 2019, State Vs. Harkesh alias Rakesh Saini and others, pending before the Court of Additional Judge Special Court (Gangster Act), Rudrapur, District Udham Singh Nagar are quashed. 7. Proceedings under the Gangster Act are not autonomous; they are derivative and contingent upon valid predicate offence and once the predicate offences for the Gangsters Act are quashed or otherwise do not survive, the very foundation for prosecuting under the Act stands struck off and all proceedings under it must be quashed.

8. In view of above, present Criminal Misc. Applications are allowed. Consequently, summoning order dated 22.02.2019 as well as entire proceedings of Special Sessions Trial No. 6 of 2019, State Vs. Harkesh @ Rakesh Saini and others for offences punishable under Sections 2/3 of Gangster Act, arising out of FIR No. 15 of 2018, registered at P.S. Jaspur, District Udham Singh Nagar, pending before the Court of Additional Judge Special Court (Gangster Act), Rudrapur, Udham Singh Nagar are hereby quashed, qua the applicants.

( Manoj Kumar Tiwari, J.)

28.11.2025 Mahinder/

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