An application under Section 482 Cr.P.C. was filed by the applicant seeking to quash the entire proceedings of Gangsters Case No. 77 of 2000.
The case was registered under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986
Acquittal In All Cases
Applicant’s case was that he has been acquitted in all the three cases registered and shown in the Gang Chart.
But the Trail Court without application of mind has taken cognizance upon the charge-sheet filed under Gangster Act.
Further, the applicant has been summoned under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
The applicant moved an application for discharge but Trial Court proceeded to summon the applicant.
So, the crux of the argument is that the reliance upon three criminal cases against the Applicant is completely misplaced. Because the applicant has been acquitted in all those cases.
AGA submitted that there is no illegality in the order passed by the Magistrate. The grounds raised by the applicant should be raised before the Trial Court.
High Court’s Power Under Section 482 Cr.P.C.
Allahabad High Court observed that powers under Section 482 Cr.P.C. or Article 227 of the Constitution of India have to be exercised sparingly.
So, it should be exercised with circumspection and in the rarest of rare cases. Only where the court is convinced that on the basis of material on record, allowing the proceedings to continue would be an abuse of process of court.
Hon’ble Court referred to the Judgment of the Supreme Court in the case of Hardeep Singh Vs. State of Punjab: (2014) 3 SCC 92. In this case Supreme Court held that “trial” commences only on charges being framed.
The Allahabad High Court observed that the factual aspects of the matter cannot be examined by this Court while exercising powers under Section 482 Cr.P.C.
The cases mentioned in the Gang Chart whether have ended in acquittal or not has to be seen by the trial court while deciding the trial.
Further, the Court observed that the discharge application has been moved after framing of charges.
Ultimately the Allahabad High Court dismissed the Petition.
Title: Lallu Singh vs State of U.P.
Case No. Application U/S 482 No. – 14399 of 2020
Coram: Hon’ble Justice Samit Gopal
Date of Judgment: 21.10.2020
Counsel for Applicant: Ajay Sengar
Counsel for Opposite Party: G.A.