2026:UHC:2824 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 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 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 JAISWAL 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, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB 987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.18 17:31:09 +05'30'