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1. Heard Sri Anil Mullick learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. on behalf of the state.

2. This 482 Cr.P.C. application has been preferred for quashing the charge sheet No.117 dated 13.9.2001, under Section 2/3 The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali, District Meerut, pending in the Court of learned Special Judge Gangster Act, Meerut.

3. The facts of the case are that a first information report was lodged against the applicant as case crime No.166 of 2000, under Sections 2/3 of the U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali, District Meerut and only on the basis of a single case i.e. case crime no.166 of 2000, under Section 384/506 I.P.C. read with Section 7 Criminal Law Amendment Act, Police Station Kotwali, District Meerut, after investigation the Investigating Officer has submitted charge sheet against four persons including the applicant. The trial of the said case commenced and after the trial the applicant was acquitted by the judgment and order dated 27.4.2001 passed in Criminal Case No.871 of 2000.

4. During the pendency of the aforesaid trial a first information report was lodged against the accused, including the applicant on 13.8.2000 under Section 2/3 of the U.P. Gangster Anti-Social Activities (Prevention) Act 1986 (hereinafter referred to as "Gangster Act") only. The sole basis of lodging of the first information report against the applicant was the implication in case crime no.166 of 2000, under Section 384/506 I.P.C. read with Section 7 Criminal Law Amendment Act, Police Station Kotwali, District Meerut, he was acquitted on 27.4.2001. Before acquittal chargesheet dated 15.12.2007 was filed against the applicant.

6. Learned counsel for the applicant submits that the very basis of initiation of F.I.R. under Gangster Act was the statements recorded under Section 161 Cr.P.C. of case crime no.166 of 2000, under Section 384/506 I.P.C. read with Section 7 Criminal Law Amendment Act, Police Station Kotwali, District Meerut. Learned counsel submitted that said basis for initiation of F.I.R. under Gangster Act has been disbelieved by the trial Court as the applicant has been acquitted in the aforesaid crime, which acquittal order has not been challenged as yet. It is further contended that once very basis of initiation of Gangster's Act proceedings diminished, the entire trial procedure and rigmarole of proceedings of criminal trial under that Act will be nothing but only wastage of time of Court. The learned counsel for the applicant has relied upon the judgment of the Apex Court in the case of Pritam Singh and another vs. State of Punjab, AIR, 1956 Supreme Court 415 in support of his contention that once the revisionist was acquitted by the competent court for the case crime no.166 of 2000, under Section 384/506 I.P.C. read with Section 7 Criminal Law Amendment Act, his trial under the provisions of Gangster Act would not be justified since the basis of implication in the case under the Gangsters Act was the case registered against the applicant in case crime no.166 of 2000, under Section 384/506 I.P.C. read with Section 7 Criminal Law Amendment Act. His contention is that his trial under the Gangster's Act would require trial regarding the same offence which was not found to have been proved by the trial court in the earlier case. He has relied upon the following observations of the Apex Court in the above mentioned case:-

14. After considering the authorities cited by the counsel for the applicant it is clear that the applicant was implicated in the Gangsters Act only on account of involvement in the case crime no.166 of 2000, under Section 384/506 I.P.C. read with Section 7 Criminal Law Amendment Act. The proceedings under the Gangsters Act are not independent proceedings. The implication of the applicant in the offence under the Gangsters Act was only because of the one case registered against him as case crime no.166 of 2000, under Section 384/506 I.P.C. read with Section 7 Criminal Law Amendment Act, as clear from the gang chart annexed with the affidavit in support of this 482 Cr.P.C. application. The definition of gang is given in Section 2(b) which is as follows:-