Allahabad High Court
Nandan Singh Bora, vs State Of U.P., & Others on 1 November, 2019
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 13 Case :- U/S 482/378/407 No. - 271 of 2010 Applicant :- Nandan Singh Bora, Opposite Party :- State Of U.P., & Others Counsel for Applicant :- S.K.Tiwari,Desh Mitra Anand Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.
1. The present petition under Section 482 Cr.P.C. has been filed for quashing of the charge-sheet No.143 of 2009 dated 25.04.2009 in Criminal Case No.281 of 2009 pending in the Court of Special Judge, Gangster Act, Lucknow arising out of Case Crime No.481 of 2008 under Section 2/3 of the U.P.Gangster Act, Police Station Gomti Nagar, District Lucknow.
2. Learned counsel for the petitioner, Mr. S.K. Tiwari submits that provisions of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention Act), 1986 were invoked against the petitioner on the basis of two cases which are mentioned in the Gang chart as Case Crime No.256 of 2008 under Sections 420, 447, 504, 506, 379, 427 IPC, Police Station Gomti Nagar, Lucknow and Case No.205 of 2008 under Sections 147, 148, 149, 420, 504, 506 IPC.
3. It appears that the State has filed applications under Section 321 Cr.P.C. to withdraw prosecution from these two cases. Learned Chief Judicial Magistrate, Lucknow vide order dated 20.04.2019 passed in Criminal Case No.9001 of 2012 arising out of Case Crime No.256 of 2008 (supra) has allowed the application under Section 321 Cr.P.C. and the prosecution has been withdrawn from the aforesaid case. Similarly, learned C.J.M. vide order dated 20.05.2019 has allowed the application under Section 321 Cr.P.C. and the prosecution from Case Crime No.205 of 2008 (supra) has been allowed to be withdrawn.
4. Since, the very substratum for invoking the provisions of Section 2/3 of the Gangsters Act has disappeared because of two orders aforesaid passed by learned Chief Judicial Magistrate, it would be appropriate for the petitioner to approach the learned Trial Court for discharge from offence under Section 2/3 of the Gangster Act.
5. In view of the aforesaid, the present petition is disposed of with liberty to the petitioner to approach the trial Court with proper application annexing orders passed under Section 321 Cr.P.C. as well as the orders passed in respect of the other co-accused where prosecution for offence under Section 2/3 of the Gangster Act has been withdrawn. If such an application is moved by the petitioner, the trial Court will decide the application considering the orders passed by the learned C.J.M. as well as order passed in the case of other co-accused.
Order Date :- 1.11.2019 prateek