Dismissed

Sanjeev and 2 Others v. State of U.P. and Another

Allahabad HC11 May 2022A482/28030/2021

Case brief

AI extract

What is this about?

In this application under Section 482 CrPC, the applicants challenged proceedings under the U.P. Gangster Act, arguing that a charge-sheet based on a solitary case should be quashed following their acquittal in that case. The court held that acquittal does not bar Gangster Act proceedings, especially if the victim turned hostile, dismissing the application.

What did the court decide?

The present application is discharged as it is devoid on merits.

Sanjeev and 2 Others Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2022)

¶1

Court No. - 91

¶2

Case :- APPLICATION U/S 482 No. - 28030 of 2021

¶3

Applicant :- Sanjeev And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nagendra Kumar Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Sameer Jain,J.

¶5

Heard Sri P.K. Kashyap, Advocate holding brief of Sri Nagendra Kumar Singh, learned counsel for the applicants, Sri Arvind Kumar, learned AGA for the State and perused the record of the case.

¶6

By way of present application, applicants have challenged the proceedings of Sessions Trial No. 420 of 2021 (State Vs. Sanjeev Kumar and others), charge-sheet no. 287 of 2019 dated 11.12.2019 as well as cognizance order dated 23.03.2021 arising out of case crime no. 99 of 2019, under Section 2/3 U.P. Gangster and Social Activities (Prevention) Act, 1986, Police Station Haldaur, District Bijnor.

¶7

Learned counsel for the applicants submitted that charge-sheet under the provisions U.P. Gangsters and Social Activities (Prevention) Act has been filed against the applicants only on the basis of solitary case. He further submitted that the solitary case relates to Sections 324/34, 376D IPC and in that case, applicants have been acquitted by the trial court on 21.12.2019. He further submitted that once the applicants have been acquitted in the case on the basis of which they were implicated under the provisions of U.P. Gangsters and Social Activities (Prevention) Act, then proceedings of Gangster Act pending against them are bad.

¶8

Per contra, learned AGA submitted that on the basis of solitary incident, charge-sheet can be submitted under U.P. Gangsters and Social Activities (Prevention) Act and further mere acquittal in the case on the basis of which Gangsters Act was imposed, it cannot be said that the case under Gangsters Act cannot be instituted, therefore, present application is liable to be dismissed.

¶9

I have heard both the parties and perused the record of the case. In view of recent judgment of Apex Court in case of Shraddha Gupta Vs. State of U.P. and others decided on 26.04.2022 passed in Criminal Appeal No. 569-570 of 2022, on the basis of solitary case, charge-sheet under the provisions of U.P.

¶10

Gangster and Social Activities (Prevention) Act can be submitted and perusal of the acquittal order (Annexure-5) shows that victim turned hostile and, therefore, trial court was not having any option except to pass the acquittal order, but mere the acquittal order does not bar the proceedings under the Gangsters Act and further as victim has turned hostile, therefore, it cannot be ruled out that under the threat she did not support her earlier version.

¶11

Accordingly, the present application is devoid on merits and is hereby dismissed .

¶12

Order Date :- 11.5.2022 AK Pandey

¶13

Digitally signed by ANUPAM KUMAR PANDEY Date: 2022.05.11 19:32:36 IST Reason: Location: High Court of Judicature at Allahabad

Sanjeev and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sanjeev and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vivek Chaudhary Vs State of U.P and Another

Neeraj Kumar Vs State of U.P. and Another

Smt. Mango Devi Vs State of U.P. and Another

Nikhil Mohan Pursnani Vs State of U.P and 3 Others

Washeem Vs State of U.P. and Another

Jugal Kishore and 3 Others Vs State of U.P.and Another