STATE OF U.P. Vs. MUKHTAR ANSARI

JUDGEMENT

(1.) The present appeal under Sec. 378 CrPC has been filed against the judgment and order dtd. 23/12/2020 passed by the Special Judge, M.P./M.L.A. Additional Sessions Judge, Court No. 19, Lucknow in Criminal Case No.199 of 2000, arising out of Crime No.0428 of 1999, under Sec. 2/3 of The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as "Gangsters Act") lodged at Police Station Hazratganj, District Lucknow by means of which the accused-respondent has been acquitted of the charge.

(2.) This Court, vide order dtd. 27/4/2021, granted leave and admitted the appeal.

(3.) Charge-sheet was filed against the accused-respondent and 24 other co-accused in Crime No.0428 of 1999, under Sec. 2/3 Gangsters Act; co-accused, Akbar Husain, Ram Kumar Singh, Guddu Singh, Rajeev Singh alias Raju, Amit Kumar Rawat, Amit Rai, Anil Kumar Tiwari, Sanjeev Dwivedi alias Ramu, Himanshu Negi, Milit Gaud and Surendra Kumar were acquitted by this Court in different applications/petitions filed by them; co-accused Abhay Singh, Rintu Singh alias Vijay Kumar Singh and Manoj Verma were acquitted, whereas co-accused Manish Singh, Arun Kumar Upadhyay alias Babaloo, Chandra Prakash Singh and Chandan Singh Negi had died and, therefore, case against them got abated; Pawan Kumar Upadhyay, Pushpendra Singh and Sandeep Singh Yadav were discharged by the trial Court from offence under Sec. 2/3 Gangsters Act; trial of co-accused, Shoeb Kidwai, Indra Dev Mishra and K.D. Singh alias Ajay Prakash were separated.