C482/1902/2022
2022 Latest Caselaw 3394 UK

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                                  C-482 No. 1902 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Abhishek Verma, Advocate for the applicant.

Mr. T.C. Aggarwal, learned Deputy Advocate General along with Ms. Lata Negi, Brief Holder for the State of Uttarakhand.

The applicant to the present C-482 application, has been summoned by the order dated 21.01.2021, he has been noticed, to be tried for the offences under Section 2/3 of Gangsters Act, in a proceedings to be held as a Criminal Case No. 7 of 2021 "State Vs. Akash", which is pending consideration before the court of learned Special Judge, Gangsters Act, Dehradun.

It has been argued by the learned counsel for the applicant, that the Gang Chart itself, shows that there were two offences, which were being tried being Criminal Case No. 223 of 2019, in relation to the offences under Sections 379 & 411 of I.P.C., which was registered at P.S. Dalanwala, District Dehradun, and in Criminal Case No. 228 of 2019, for the offences under Sections 457, 380 & 411 of I.P.C., which was registered at P.S. Dalanwala, District Dehradun, it has been further argued by the learned counsel for the applicant that the two offences, which has been shown in Gang Chart, the same have been tried by the court learned Chief Judicial Magistrate, Dehradun, in Criminal Case No. 1452 of 2022, in relation to the Criminal Case No. 228 of 2019, the applicant has been acquitted. He further argued that so far as the Case Crime No. 223 of 2019, is concerned, the applicant has been acquitted, by the judgment dated 27.09.2022, in a proceedings, which were held before the National Lok Adalat, on the basis of a composition of the offence of Criminal Case No. 2094 of 2019 "State Vs. Akash and others", as decided on 12.03.2022.

In view of the aforesaid fact, let the learned Government Advocate shall file counter affidavit to the C-482 application.

List as soon as the counter affidavit is filed by the learned Government Advocate.

In the meantime, as an interim measure, it is provided that till the next date of listing, the further proceedings of Criminal Case No. 7 of 2021 "State Vs. Akash and another", pending consideration before the Special Judge, Gangster Act, would be kept in abeyance, so far it relates to the present applicant only.

(Sharad Kumar Sharma, J.) 19.10.2022 Mamta