AVTAR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Miscellaneous Application, under Section 482 Cr.P.C application is preferred to quash the summoning order dated 22.02.2019 passed by learned Additional Judge, Special Judge (Gangster Act) District Udham Singh Nagar, as well as the entire proceedings of Special Session Trial No. 06 of 2019, "State vs. Harkesh @ Rakesh Saini and other" for the offences punishable under Sections 2/3 of Gangster Act arising out of FIR No. 15 of 2018 registered at PS Jaspur, District Udham Singh Nagar, pending before the Court of Additional Judge Special Court (Gangster Act) Rudrapur, Udham Singh Nagar.

(2.) Learned counsel for the applicant would submit that the applicant is not wanted or chargesheeted in any of the cases shown in the FIR against the applicant and further the question answers have been obtained just to confirm that the present applicant is not named in the cases shown in the FIR against the applicant. Learned counsel for the applicant would also submit that in FIR No. 124/2014, accused Suba Singh has already been acquitted vide judgment and order dated 19.07.2019 and in the FIR No. 30/2014, accused Goldi got the matter compounded and the proceedings was quashed by this Court on 01.08.2017 and the said order dated 01.08.2017 was placed before the trial Court and the concerned case was closed on 18.08.2017.

(3.) Learned counsel for the applicant would further submit that only because the applicant's father and brother are involved, therefore, only on this basis, the present applicant cannot be made accused under the Gangster Act. Furthermore, the ingredients of Section 2/3 of Gangster Act are not attracted against the present applicant.