Uttarakhand High Court
C482/1572/2018 on 12 September, 2019
Author: R.C. Khulbe
Bench: R.C. Khulbe
C-482 No.1572 of 2018 Hon'ble R.C. Khulbe, J.
Mr. Mohd. Alauddin, learned Advocate for the applicant.
Mr. Lalit Miglani and Ms. Preeta Bhatt, learned Brief Holders for the State.
Heard.
This criminal miscellaneous application under Section 482 of Cr.P.C. has been filed by the applicant for quashing the charge sheet dated 25.05.2017 as well as summoning order dated 23.08.2017, in Special Trial No. 06 of 2017 (Case Crime No.494 of 2015), u/s 2/3 Gangster and Anti Social Prevention Act, pending before the court of Special Judge Gangsters Act, District Haridwar.
From the perusal of the record, on the basis of four criminal cases FIR was lodged against the present applicant u/s 2/3 Gangster and Anti Social Prevention Act.
It is argued by learned counsel for the applicant that the applicant has falsely been implicated in the crime and there is no criminal case pending against him.
During the course of hearing, learned counsel for the State admitted that on the basis of four criminal cases FIR was lodged against the accused u/s 2/3 Gangster and Anti Social Prevention Act.
As regard to the Case Crime No. 423 of 2015, u/s 379, 411 IPC and 4/21 MMDA Act is concerned the accused has been acquitted by the concerned court on 27.04.2019, in criminal case No. 182 of 2019.
As regard to the Case Crime No. 248 of 2015, u/s 352, 506 IPC is concerned the accused has been acquitted by the concerned court on 08.09.2016.
As regard to the Case Crime No. 232 of 2015, u/s 147, 149, 323, 504, 506 IPC is concerned the present accused is not named in the FIR.
As regard to the Case Crime No. 465 of 2015, u/s 3 UP Gunda Act is concerned notice was issued against the accused, but the said notice has been cancelled by ADM Finance and Revenue Haridwar, vide its order dated 21.08.2018, the true copy is on record.
From the perusal of the record, it is clear that no criminal case is pending against the present applicant Netrapal.
In these circumstances, the present criminal misc. application filed under Section 482 Cr.P.C. is allowed and the proceeding pending before the Special Sessions Judge in Special Session Trial No. 06 of 2017 (Case Crime No. 494 of 2015) State Vs. Kadam Singh and other, u/s 2/3 of Gangsters and Anti Social Prevention Act is hereby quashed against the present applicant- Netrapal.
It is made clear that the trial will continue against other accused.
All pending applications also stand disposed of.
(R.C. Khulbe, J.) 12.09.2019 Balwant