[Cites 6, Cited by 0]
Uttarakhand High Court
Palvinder Singh @ Banti vs State Of Uttarakhand And Another on 28 November, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:10656
HIGH COURT OF UTTARAKHAND
AT NAINITAL
Criminal Misc. Application (C482 No. 1559 of 2022)
Palvinder Singh @ Banti ...Applicant
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 482 CrPC is filed to quash the cognizance as well
as summoning order, passed by Additional Judge Special
Court (Gangster Act), Rudrapur, District Udham Singh
Nagar on 22.02.2019. Applicant also seeks to quash the
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 aforesaid Court.
2. Learned counsel for the applicant submits that as
per Gang Chart, there is only one FIR mentioned
against the name of the applicant, namely, FIR No. 264
of 2017 under Sections 420, 467, 468, 471, 506 IPC in
Police Station, Jaspur. He submits that applicant has
been exonerated in the said FIR and his name was
dropped during investigation as no evidence was found
against him. Thus, he submits that there is no material
or basis left, for prosecuting the applicant under
Gangster Act.
2025:UHC:10656
3. Learned counsel for applicant 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,
deserves to be quashed.
4. Learned counsel for the applicant 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 on the same ground.
5. Mr. Dinesh Chauhan, learned AGA concedes that in
view of exoneration of the applicant in connection with
FIR No. 264 of 2017, 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.
6. 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
Act stands struck off and all proceedings under it must
be quashed.
2025:UHC:10656
7. In view of above, present Criminal Misc.
Application is 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 applicant.
(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=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b089
23c, postalCode=263001, st=UTTARAKHAND,
SINGH
serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4
BABA43D2B8F, cn=MAHINDER SINGH
Date: 2025.12.01 18:46:52 +05'30'
