PITAMBAR TYAGI Vs. STATE OF U P

JUDGEMENT

(1.) -Heard Shri Mohammad Yusuf, learned counsel for the applicant, Shri Gurfam Ali, who has filed his appearance slip on behalf of opposite party No. 3 and learned Additional Government Advocate.

(2.) THIS application has been filed with the prayer for quashing of the criminal proceedings in Case Crime No. 386 AU of 2006, under Section 420/406/409, I.P.C. police station Sadar Bazar, Saharanpur, (although subsequently, learned counsel for the applicant submits that Section 409, I.P.C. has wrongly been inserted) which was pending in the Court of Chief Judicial Magistrate, Saharanpur and also for withdrawing the proceedings in Case Crime No. 156 of 2007, under Section 2/3 of U. P. Gangsters Act.

(3.) IN the F.I.R. under the Gangsters Act, which has been annexed as Annexure-5 against ten accused persons, one of whom is the applicant at serial No. 5, the allegations were that the accused in the Gangsters Act formed an unlawful gang and by cheating and forgery, they embezzled large sums of money from unwary investors. So far as the other accused are concerned, they are involved in a large number of cases.