[Cites 8, Cited by 0]
Uttarakhand High Court
Deepak Saini 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. 1493 of 2023)
Deepak Saini ...Applicant
Versus
State of Uttarakhand and Another ...Respondents
And
Criminal Misc. Application (C482 No. 1836 of 2023)
Kuldep Singh alias Dumpi ...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. These Criminal Miscellaneous Applications, under
Section 482 CrPC are 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. It is contended that as per Gang Chart, there were
two FIRs registered against the applicants, namely, FIR
No. 264 of 2017 under Sections 420, 467, 468, 471,
506 IPC in Police Station, Jaspur and FIR No. 92 of
2025:UHC:10656
2017 under Sections 419, 420, 467, 468, 471/34 IPC,
Police Station Kunda, District Udham Singh Nagar.
3. Learned counsel for the applicants submits that in
FIR 264 of 2017, during investigation, names of
applicants were exonerated and no chargesheet has
been filed against them for want of evidence. He
further submits that applicants were acquitted in trial,
which was held pursuant to FIR No. 92 of 2017. Thus,
he submits that there is no material or basis
whatsoever, for prosecuting the applicants under
Gangster Act.
4. Learned counsel for applicants thus submits that
in view of the developments as discussed above, these
Criminal Miscellaneous Applications deserve 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.
5. 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.
6. Mr. Dinesh Chauhan, learned AGA concedes that in
view of exoneration of the applicants in connection with
FIR No. 264 of 2017 and their acquittal in connection
with FIR No. 92 of 2017, now there is no material left
for prosecuting the applicants under Gangster Act. He
submits that he has no objection if entire proceedings
2025:UHC:10656
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.
7. 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.
8. 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 SINGH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923
c, postalCode=263001, st=UTTARAKHAND,
serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BA
BA43D2B8F, cn=MAHINDER SINGH
Date: 2025.12.01 18:47:56 +05'30'
