HI GH COURT OF UTTARAKHAND AT NAI NI TAL Criminal Misc. Application (C482 No. 1559 of 2022)

Palvinder Singh @ Banti …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. This Criminal Miscellaneous Application, under Section 482 CrPC is filed to quash the cognizance as well as summoning order, passed by Additional Judge Special Court (Gangster Act), Rudrapur, District Udham Singh Nagar on 22.02.2019. Applicant also seeks to quash the 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 aforesaid Court.

2. Learned counsel for the applicant submits that as per Gang Chart, there is only one FIR mentioned against the name of the applicant, namely, FIR No. 264 of 2017 under Sections 420, 467, 468, 471, 506 IPC in Police Station, Jaspur. He submits that applicant has been exonerated in the said FIR and his name was dropped during investigation as no evidence was found against him. Thus, he submits that there is no material or basis left, for prosecuting the applicant under Gangster Act.

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

4. Learned counsel for the applicant 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 on the same ground.

5. Mr. Dinesh Chauhan, learned AGA concedes that in view of exoneration of the applicant in connection with FIR No. 264 of 2017, now there is no material left for prosecuting the applicant 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. 6. 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.

7. In view of above, present Criminal Misc. Application is 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 applicant.

( Manoj Kumar Tiwari, J.)

28.11.2025 Mahinder/

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