RAJENDRA SINGH GULATI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By way of this criminal miscellaneous application, the prayer has been made to quash the proceedings of Special S.T. No.33 of 2005, State Vs. Faiyaz Ahmad and others u/s 420, 467, 468, 420, 411 IPC r/w Section 2/3 of Gangsters Act, P.S. Chorgalia, pending in the court of Additional District & Sessions Judge, Nainital.

(2.) Having heard the learned counsel for the petitioner and learned brief holder for the State, it transpires that one FIR was lodged by S.O. Anil Sah on dated 1.8.2004 against 17 persons wherein the petitioner was not named. The sum and substance of the FIR was that all the 17 accused, named therein, were indulged in stealing the various vehicles, changing their registration numbers and sometimes making forged and fabricated papers to show the false and fake ownership of the vehicles and selling the same for good consideration. Thus, they were minting the money by way of this illicit business.

(3.) After investigation, the chargesheet was submitted only against eight persons, including the petitioner Rajendra Singh Gulati, for the offence of Sections 467, 468, 420, 411 IPC r/w 41/102 Cr.P.C. and 2/3 Gangsters Act. The name of petitioner was implicated by the police in the chargesheet on the basis that he purchased one old Maruti 800 Car bearing No.HR 36-E-1121 which was basically stolen from somewhere by other accused persons.