2026:UHC:3166 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.1220 of 2025 Hon’ble Alok Mahra, J. Mr. S.R.S. Gill, Advocate for the applicant. Mr. Rakesh Kumar Joshi, A.G.A. and Mr. Manoj Bhatt, Brief Holder for the State of Uttarakhand. 2. Present C-528 application is filed with the prayer to set-aside/quash the charge sheet dated 05.10.2023, cognizance/summoning order dated 31.10.2023 and the entire proceedings of Special Sessions Trial No.29 of 2023, pending in the Court of learned Special Judge (Gangster Act)/2nd Additional Sessions Judge, Rudrapur, District Udham Singh Nagar. 3. Learned counsel for the applicant submits that the impugned proceedings arise out of F.I.R. No.38 of 2022, registered on 27.01.2022 at Police Station Bazpur, District Udham Singh Nagar, under Sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. 4. It is further alleged in the F.I.R. that two criminal cases are shown against the present applicant as part of the gang chart, namely: (i) F.I.R. No. 550 of 2020 under Sections 323 & 506 I.P.C. and (ii) F.I.R. No. 499 of 2021 under Sections 147, 148, 307, 323 & 504 I.P.C. 5. Learned counsel for the applicant further submits that the Investigating Officer, without properly examining the factual and legal 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 first F.I.R., the matter was compounded in the Lok Adalat vide order 2026:UHC:3166 dated 12.11.202022; while, in respect of second F.I.R., applicant has been acquitted. 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 the matter has been compounded or culminated in acquittal, or are otherwise not sufficient to establish that the applicant is a member of any organized gang indulging in anti-social activities. 8. 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. 9. 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 two cases. 10. 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. 11. 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. 12. Accordingly, the criminal misc. application is allowed and the entire proceedings of Special Sessions Trial No.29 of 2023, pending in the 2026:UHC:3166 Court of learned Special Judge (Gangster Act)/2nd Additional Sessions Judge, Rudrapur, District Udham Singh Nagar, are hereby quashed, qua the applicant. (Alok Mahra, J.) 27.04.2026 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=eabb68a3895e41937c266c23964c0485365445e3a20dddb 7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB98744 6351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.28 10:11:06 +05'30'