IRFAN ULLAH Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicants Irfan Ullah, Ahsan and Subhan Ulteh with- the prayer to quash the order dated 30.7.2008 passed by learned Special Judge (Gangster Act) Kanpur Nagar in S.T. No. 249 of 2002 whereby the discharge-application filed by the applicants has been rejected.

(2.) The facts in brief of this case are that the FIR has been lodged by Sri Som Dutt Sharma, S.H.O. of Police Station Kotwali, District Etawah on 4.1.2007 at 4.35 p.m. in case crime No. 29 of 2002 under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 alleging therein that the applicants are going on storing the explosive substance (crackers), illegally selling the same and are earning the money for their own interest in the said area, due to which the license holders of the explosive substance (crackers) etc. are too much fear and due to their terror nobody daring to depose against them. Due to illegal storage of explosive substance and its selling a great explosion may be done due to which the damage of the property and public life at a large scale may be caused. The applicants are involved in commission of the offence described in Chapter 16,17 and 22 of IPC. Its gang leader is applicant Irfan Ullahah, the applicant Ahsan and Subhan Ullah are its active members. The applicants are involved in many cases punishable under the provisions of Explosive Act. In the gang chart six cases each have been shown against applicants Irfan Ullah and Ahsan and eight cases have been shown against the applicant Subhan Ullah, all the cases are punishable under Explosive Substance Act. The gang charge has been approved by District Magistrate, Etawah on 11.1.2002. After approval the FIR has been lodged against the applicants. After investigation the charge-sheet has been submitted against the applicants and learned Special Judge (Gangsters Act) Kanpur Nagar has taken the cognizance and summoned the applicants to face the trial. Thereafter the applicants moved an discharge-application before Special Judge (Gangster Act), Kanpur Nagar with a prayer that the cases shown against the applicants punishable under the provisions of Explosive Substance Act are not under the provisions of the definition of the gang defined in Section 2(b) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 and no case is covering under Chapter 16,17 and 22 of I.P.C. has been lodged against the applicants. In such circumstances, no offence under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 is made out against the applicants. But the learned Special Judge (Gangsters Act), Kanpur Nagar has dismissed the same vide order dated 30.7.2008. Being aggrieved from the order dated 30.7.2008 the present application has been filed by the applicants.

(3.) Heard Sri Dileep Kumar, Sri Rajiv Gupta and Sri Rajarshi Gupta, learned counsel for the. applicants and learned A.G.A. for the State of U.P.