C528/464/2026 on 18 April, 2026

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    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.

    SPONSORED

    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
    2026:UHC:2824
    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
    2026:UHC:2824
    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
    2026:UHC:2824
    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’



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