KULDEEP SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner Kuleep Singh has put to challenge the charge sheet dtd. 9/9/2021 as well as the entire proceedings of Special Sessions Trial No. 22 of 2021, State Vs. Gurdeep Singh@ Deepa and others (for short, "the case"), under Ss. 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (for short, "the Act").

(2.) Heard learned counsel for the parties through video conferencing and perused the record.

(3.) The case is based on an FIR lodged under Sec. 2/3 of the Act on 14/2/2020 at Police Station Nanakmatta, District Udham Singh Nagar. The FIR has been lodged against four persons, against whom, cases were pending. The FIR records that against the petitioner, FIR No. 246 of 2019, under Ss. 395, 364, 364A, 506, 120B and 34 IPC as well as FIR No. 249 of 2019 under Sec. 3/25 of the Arms Act, 1959 were registered. The FIR records that no independent person or businessman is ready to give evidence against the petitioner and the other accused named in the FIR due to their fear. There is a sense of fear amongst the masses. It is this FIR, in which, after investigation, charge sheet has been submitted.