Sartaj v. State of U.P.
Case brief
What is this about?
Court quashed charge sheet under U.P. Gangster Act holding that since applicant was acquitted in the only offence forming basis of gang involvement, further trial was not justified under double jeopardy principles.
What did the court decide?
Charge sheet No.119 dated 13.8.2001 under Section 2/3 U.P. Gangster Act is quashed and application allowed.
What the court decided
Approved For Reporting
Court No. - 69
Case :- APPLICATION U/S 482 No. - 11645 of 2007
Applicant :- Sartaj Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Mullick Counsel for Opposite Party :- Govt. Advocate
Hon'ble Vivek Kumar Singh,J.
1. Heard Sri Anil Mullick learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. on behalf of the state.
2. This 482 Cr.P.C. application has been preferred for quashing the charge sheet No.119 dated 13.8.2001, under Section 2/3 The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali, District Meerut, pending in the Court of learned Special Judge Gangster Act, Meerut.
3. The facts of the case are that a first information report was lodged against the applicant as case crime No.166 of 2000, under Sections 2/3 of the U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali, District Meerut and only on the basis of a single case i.e. case crime no.166 of 2000, under Section 384/506 I.P.C. read with Section 7 Criminal Law Amendment Act, Police Station Kotwali, District Meerut, after investigation the Investigating Officer has submitted charge sheet against four persons including the applicant. The trial of the said case commenced and after the trial the applicant was acquitted by the judgment and order dated 27.4.2001 passed in Criminal Case No.871 of 2000.
Issues for consideration
3 issues framed by the court
Whether a trial under the U.P. Gangster Act is justified when the sole basis of implication was a case in which the applicant was subsequently acquitted.
Whether the principle of double jeopardy under Article 20(2) of the Constitution bars subsequent proceedings under a Special Act when the underlying offence is no longer sustainable.
Whether an application under Section 482 Cr.P.C. can be used to quash a charge sheet filed under the Gangster Act when the foundational criminal case has resulted in acquittal.
Parties & counsel
- applicant
Sartaj
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- A482/11645/2007
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