Uttarakhand High Court
C528/464/2026 on 18 April, 2026
2026:UHC:2824
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
C528 No.464 of 2026
Hon'ble Alok Mahra, J.
Mr. Harsh Vardhan Dhanik and Mr.
Jasmeet Sahota, Advocates for the applicants.
Mr. Deepak Bisht, Deputy Advocate
General for the State of Uttarakhand.
2. Present C-528 application has been filed
seeking quashing of the charge-sheet dated
12.03.2024 as well as the
cognizance/summoning order dated 05.04.2024
as well as entire proceedings of Special
Sessions Trial No.4 of 2024 pending in the
Court of learned Special Judge (Gangster
Act)/3rd Addl. Sessions Judge, Rudrapur,
District Udham Singh Nagar.
3. Learned counsel for the applicant would
submit that the impugned proceedings arise out
of F.I.R. No. 43 of 2022, registered on
29.01.2022 at Police Station Bazpur, District
Udham Singh Nagar, under Sections 2/3 of the
U.P. Gangsters and Anti-Social Activities
(Prevention) Act, 1986. In the said F.I.R., it has
been alleged that one Vikram Jeet Singh is a
notorious criminal engaged in illegal mining
activities and that he operates a gang
comprising several members, including the
present applicant. It has further been alleged
that the members of the said gang are involved
in various criminal activities and, owing to fear
and intimidation, people generally do not come
forward to lodge complaints against them.
4. It is further alleged in the F.I.R. that one
criminal case is shown against the present
applicant as part of the gang chart, namely,
F.I.R. No. 498 of 2021 under Sections 307, 323,
341, 504, 506 and 34 I.P.C. and the matter has
been compounded by Coordinate Bench of this
Court in C482 No.938 of 2023 on 26.03.2025 .
5. Learned counsel for the applicant further
submits that the Investigating Officer, without
properly examining the factual and legal
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position of the aforesaid cases, submitted the
charge-sheet against the applicant in a routine
and mechanical manner, on the basis of which
the learned trial court proceeded to take
cognizance without due application of judicial
mind. It is contended that the very foundation
of the gang chart is unsustainable in law.
6. Learned counsel for the applicant also
submits that in respect of F.I.R. No. 352 of
2009, the Investigating Officer submitted a final
report on 21.11.2017 and thereafter further
investigation was conducted, but nothing
incriminating surfaced against the applicant and
again a final report was submitted on
19.01.2020. In F.I.R. No. 327 of 2010, the
applicant has already been acquitted by the
competent court vide judgment and order dated
29.07.2015. In F.I.R. No. 479 of 2020, the
proceedings of the case were stayed by a
Coordinate Bench of this Court vide order dated
13.05.2022 and subsequently the applicant was
acquitted by the court below vide judgment and
order dated 03.01.2025. So far as F.I.R. No.
498 of 2021 is concerned, the applicant has
already been enlarged on bail vide order dated
28.02.2022 passed by the Incharge Sessions
Judge, Udham Singh Nagar.
7. On the strength of the aforesaid submissions,
it is argued that the applicant has been wrongly
implicated under the provisions of the
Gangsters Act as the cases forming the basis of
the gang chart either culminated in final report,
acquittal, or are otherwise not sufficient to
establish that the applicant is a member of any
organized gang indulging in anti-social
activities.
8. Learned counsel for the applicant further
submits that the applicant has been falsely
implicated in the present case merely on
account of his alleged association with the main
accused. It is contended that there is no
material on record to demonstrate that the
applicant is a member of any gang or that he
has committed offences in furtherance of any
organized criminal activity so as to attract the
provisions of the U.P. Gangsters and Anti-Social
Activities (Prevention) Act, 1986. It is thus
submitted that the entire prosecution is based
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upon vague and bald allegations and, therefore,
the impugned proceedings deserve to be
quashed.
9. Per contra, learned counsel appearing for the
State would vehemently oppose the
submissions advanced by learned counsel for
the applicant. However, he does not dispute the
factual position with regard to the outcome of
the cases mentioned in the gang chart, as
pointed out by learned counsel for the
applicant.
10. Having heard learned counsel for the parties
and upon perusal of the material brought on
record, this Court finds that the proceedings
under the U.P. Gangsters and Anti-Social
Activities (Prevention) Act, 1986 have been
initiated against the applicant on the basis of
the gang chart containing the aforesaid four
cases. From the record, it is evident that in
Case Crime No. 352 of 2009, a final report has
been submitted by the Investigating Officer
after investigation and even after further
investigation nothing incriminating was found
against the applicant. In Case Crime No. 327 of
2010, the applicant has already been acquitted
by the competent court. In Case Crime No. 479
of 2020, the applicant has also been acquitted
by the trial court. As regards Case Crime No.
498 of 2021, the applicant has been granted
bail and the matter is still pending adjudication.
11. In the aforesaid circumstances, the very
basis of the gang chart appears to be
insufficient to establish that the applicant is
habitually involved in anti-social activities or
that he is a member of a gang operating with
the object of committing offences for pecuniary
gain or other undue advantage, as
contemplated under the provisions of the
Gangsters Act.
12. In view of the above factual and legal
position, this Court is of the considered opinion
that continuation of the criminal proceedings
against the applicant under the U.P. Gangsters
and Anti-Social Activities (Prevention) Act, 1986
would amount to abuse of the process of law.
13. Accordingly, the entire criminal proceedings
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of Special Sessions Trial No.4 of 2024 pending
in the Court of learned Special Judge (Gangster
Act)/3rd Addl. Sessions Judge, Rudrapur,
District Udham Singh Nagar, are hereby
quashed, qua the present applicant.
14. The C-528 application is, accordingly,
allowed.
(Alok Mahra, J.)
18.04.2026
Arpan
ARPAN
Digitally signed by ARPAN JAISWAL
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH
COURT OF UTTARAKHAND,
2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20
dddb7393398f9fe45ba3e, postalCode=263001,
JAISWAL
st=UTTARAKHAND,
serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB
987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL
Date: 2026.04.18 17:31:09 +05’30’
