Allahabad High Court
Aabid And Another vs State Of U.P. And Another on 2 January, 2023
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 64
Case :- APPLICATION U/S 482 No. - 22924 of 2021
Applicant :- Aabid And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Kandarp Srivastava,Kaustubh Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard Sri Kandarp Srivastava learned counsel for the applicants and Sri Sanjay Singh learned AGA-I for the State.
Present application has been filed to quash the charge sheet dated 23.12.2007 and the cognizance order dated 07.4.2008 and all proceedings of Criminal Case No. 30 of 2008 arising from Case Crime No. 112 of 2007 under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as 'the Act'), Police Station Jarcha, District Gautam Budh Nagar, pending in the court of Special Judge/Gangsters Court, Gautam Budh Nagar.
Solitary submission advanced by learned counsel for the applicants is, the above criminal prosecution was launched against the applicants occasioned by registration of a single criminal case being Case Crime No. 17 of 2007, under Sections 302, 120B and 34 IPC, Police Station Jarcha, District Gautam Budh Nagar. In those proceedings, present applicants and the other accused persons were put up for trial in Sessions Trial No. 445 of 2007, State Vs. Chandrapal Singh, Sarvar, Abid and Gajje @ Gajay. It resulted in clean acquittal of the accused persons vide judgement and order dated 15.5.2008 passed by the Additional District Judge (FTC-5), Gautam Budh Nagar. That order is stated to have attained finality.
Additionally it has been stated that the co-accused Chandrapal who had been similarly charged under the Act, has been acquitted of that charge as well.
Citing certain personal circumstances, it has been then submitted, the applicants could not appear before the learned court below in the proceedings under the Act. It resulted in issuance of Non Bailable Warrants which have now been cancelled. On merits, it has been submitted, there is no ingredient of offence alleged under the Act inasmuch as only allegation of murder not accompanied with additional allegations contemplated under the Act may never be enough to proceed against the applicant under the Act. In any case, inasmuch as the applicants have been acquitted in the solitary criminal offence of murder alleged against them, at present there is no basis to proceed against the applicants.
On the other hand learned A.G.A. would submit, the applicant has adequate remedies available to him to appear before the learned court below and to seek such relief as he may be advised on the strength of their earlier acquittal in Sessions Trial No. 445 of 2007 and the acquittal of the co-accused Chandrapal Singh for the similar offences alleged under the Act.
Having heard learned counsel for parties and having perused the record, though it may be true that the applicants may have appeared before the learned court below and sought appropriate relief yet, that principle may not be enforced as a rule of thumb in such cases. Unless prima facie material is shown to exist as may allow the Court to form an opinion as to the need, necessity or requirement of the accused persons to appear before the learned court below and unless it appears that a meaningful trial is possible or required in the facts of individual case, the relief being prayed cannot be denied solely for the reason of the applicants having another remedy available to them. At present, it is seen that the applicants have been proceeded under the Act on the solitary criminal case registered against them under Section 302 IPC. That has resulted in clean acquittal upon the judgment and order of the learned Additional District Judge (FTC-5) Gautam Budh Nagar dated 14.5.2008. Since no other material exists against the applicants, no useful purpose may be served in allowing the applicants to stand trial for the proceedings under the Act as there are no ingredients of the offence alleged, made out.
Accordingly, present application is allowed. The charge sheet dated 23.12.2007, cognizance order dated 07.4.2008 and all proceedings of Criminal Case No. 30 of 2008 arising from Case Crime No. 112 of 2007 under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as 'the Act'), Police Station Jarcha, District Gautam Budh Nagar, pending in the court of Special Judge/Gangsters Court, Gautam Budh Nagar are quashed so far it relates to the present applicants.
Order Date :- 2.1.2023
Faraz
