[Cites 12, Cited by 0]
Uttarakhand High Court
Suba Singh And Another ...Applicants vs State Of Uttarakhand And Another on 28 November, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:10661
HIGH COURT OF UTTARAKHAND
AT NAINITAL
Criminal Misc. Application (C528 No. 737 of 2024)
Suba Singh and another ...Applicants
Versus
State of Uttarakhand and Another ...Respondents
Advocates : Mr. Harshpal Sekhon, Advocate for the applicant
Mr. Dinesh Chauhan, AGA for the State
Hon'ble Manoj Kumar Tiwari, J.
1. This Criminal Miscellaneous Application, under
Section 528 BNSS is preferred to quash the cognizance
and summoning order dated 22.02.2019, passed by
Additional Judge Special Court (Gangster Act), Rudrapur,
District Udham Singh Nagar. Applicants also seek to
quash the Chargesheet dated 21.02.2019, as well as
entire proceedings of Special Sessions Trial No. 06 of
2019, State Vs. Harkesh alias Rakesh Saini and others,
for offence punishable under Section 2/3 of Gangster Act
arising out of FIR No. 15 of 2018 dated 19.01.2018
registered at P.S. Jaspur, District Udham Singh Nagar,
pending before the same Court.
2. Learned counsel for the applicants submits that
five different set of FIRs were lodged against applicant
No. 1 and 2 and all the FIRs have now resulted in their
acquittal. He points out that as per Gang Chart,
following five FIRS were registered against applicant
No. 1:
1. FIR No. 264/2017, under Sections 420, 467,
468, 471, 506 IPC at P.S. Jaspur, U.S. Nagar
2. FIR No. 92/2017, under Sections 419, 420,
467, 468, 471, 34 IPC, P.S. Kunda
2025:UHC:10661
3. FIR No. 124/2014, under Sections 447, 323,
506 IPC, PS Jaspur
4. FIR No. 253/2014, under Sections 323, 504,
506, 427 IPC, PS Jaspur
5. FIR No. 10/2018, Under Sections 420, 467,
468, 471, 506 IPC, PS Jaspur
3. Out of aforesaid FIRs, applicant was acquitted in
FIR No. 264 of 2017 and FIR No. 10 of 2018, based on
compounding ordered by coordinate Bench of this
Court.
4. Learned counsel for the applicants further submits
that in other three FIRs, namely, FIR No. 92 of 2017,
FIR No. 124 of 2014 and FIR No. 253 of 2014, applicant
was acquitted by the trial Court and therefore, now
there is no material whatsoever to continue with the
prosecution under Gangsters Act.
5. He points that as per Gang Chart, following five
FIRs were also registered against applicant No. 2,
namely:
1. FIR No. 264/2017, under Sections 420, 467,
468, 471, 506 IPC at P.S. Jaspur, U.S. Nagar
2. FIR No. 92/2017, under Sections 419, 420,
467, 468, 471, 34 IPC, P.S. Kunda
3. FIR No. 304/2017, under Sections 294 IPC,
PS Jaspur
4. FIR No. 10/2018, under Sections 420, 467,
468, 471, 506 IPC, PS Jaspur
5. FIR No. 15/2018, Under Sections 420, PS
Kunda
6. He submits that out of aforesaid FIRs, FIR No. 264
of 2017, 10 of 2018 and 15 of 2018 resulted in
acquittal of the applicant, based on compounding by
coordinate Bench of this Court and in FIR No. 92 of
2017 and FIR No. 304 of 2017, he was acquitted by the
2025:UHC:10661
trial Court. Thus, he submits that now there is no case
pending against the applicant which may warrant his
prosecution under Gangster Act.
7. Learned counsel for applicants thus submits that
in view of the developments as discussed above,
Criminal Miscellaneous Application deserves to be
allowed and the entire proceedings of Special Sessions
Trial No. 06 of 2019, State Vs. Harkesh alias Rakesh Saini
and others, deserve to be quashed.
8. Learned counsel for the applicants also placed
reliance upon a judgment dated 13.11.2019, rendered
by coordinate Bench of this Court in Criminal Misc.
Application (C482) No. 726 of 2019, whereby
proceedings under Gangster Act against co-accused
Avtar Singh, were quashed.
9. Mr. Dinesh Chauhan, learned AGA concedes that in
view of the acquittal of the applicants in connection
with aforesaid FIRs, now there is no material left for
prosecuting the applicant under Gangster Act. He
submits that he has no objection if entire proceedings
of Special Sessions Trial No. 06 of 2019, State Vs.
Harkesh alias Rakesh Saini and others, pending before
the Court of Additional Judge Special Court (Gangster
Act), Rudrapur, District Udham Singh Nagar are quashed.
10. Proceedings under the Gangster Act are not
autonomous; they are derivative and contingent upon
valid predicate offence and once the predicate offences
for the Gangsters Act are quashed or otherwise do not
survive, the very foundation for prosecuting under the
2025:UHC:10661
Act stands struck off and all proceedings under it must
be quashed.
11. In view of above, present Criminal Misc.
Applications are allowed. Consequently, summoning
order dated 22.02.2019 as well as entire proceedings of
Special Sessions Trial No. 6 of 2019, State Vs. Harkesh
@ Rakesh Saini and others for offences punishable
under Sections 2/3 of Gangster Act, arising out of FIR
No. 15 of 2018, registered at P.S. Jaspur, District
Udham Singh Nagar, pending before the Court of
Additional Judge Special Court (Gangster Act),
Rudrapur, Udham Singh Nagar are hereby quashed,
qua the applicants.
(Manoj Kumar Tiwari, J.)
28.11.2025
Mahinder/
MAHINDER Digitally signed by MAHINDER SINGH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a
SINGH
18b08923c, postalCode=263001, st=UTTARAKHAND,
serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1
BC9EA4BABA43D2B8F, cn=MAHINDER SINGH
Date: 2025.12.01 18:46:01 +05'30'
