IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No.750 of 2005 (Under Section 482 Cr.P.C.) Rajendra Singh Gulati ………. Applicant Versus State of Uttaranchal ..…. Respondents Mr. R.P. Nautiyal, Advocate for the applicant Mr. P.S. Bohara, Brief Holder for the State/respondent Dated: September 16, 2011 Hon’ble Servesh Kumar Gupta, J. By way of this criminal miscellaneous application, the prayer has been made to quash the proceedings of Special S.T. No.33 of 2005, State Vs. Faiyaz Ahmad and others u/s 420, 467, 468, 420, 411 IPC r/w Section 2/3 of Gangsters Act, P.S. Chorgalia, pending in the court of Additional District & Sessions Judge, Nainital. Having heard the learned counsel for the petitioner and learned brief holder for the State, it transpires that one FIR was lodged by S.O. Anil Sah on dated 1.8.2004 against 17 persons wherein the petitioner was not named. The sum and substance of the FIR was that all the 17 accused, named therein, were indulged in stealing the various vehicles, changing their registration numbers and sometimes making forged and fabricated papers to show the false and fake ownership of the vehicles and selling the same for good consideration. Thus, they were minting the money by way of this illicit business. After investigation, the chargesheet was submitted only against eight persons, including the petitioner Rajendra Singh Gulati, for the offence of Sections 467, 468, 420, 411 IPC r/w 41/102 Cr.P.C. and 2/3 Gangsters Act. The name of 2 petitioner was implicated by the police in the chargesheet on the basis that he purchased one old Maruti 800 Car bearing No.HR 36-E-1121 which was basically stolen from somewhere by other accused persons. On the other hand, it has been contended by learned counsel of the petitioner that he purchased this car from one Ms. Manisha, who is resident of village Karanwas (Haryana) and the papers of this vehicle in the name of Ms. Manisha were bonafide and genuine, the photocopies of all of them have also been annexed with the petition. These papers show that Ms. Manisha is a genuine lady, residing at Karanwas (Haryana) as shown in her ration card. She has also given affidavit to the effect that she was the owner of this Maruti Car bearing No.HR36-E-1121 Model 2001, Chasis No.1708409 and Engine No.2377811. She has also stated that the car owned by her has been sold to the petitioner Rajendra Singh Gulati. Therewithal, after submission of the chargesheet, further proceedings were stayed by this Court only against the applicant, while the same continued against rest seven accused persons. After conclusion of trial, the learned Sessions Judge/Special Judge (Gangster Act), Nainital in S.T. No.33/2005 rendered a judgment on 29.4.2001 finding all the seven accused persons innocent and they were acquitted from all the charges. In view of the above, this petition has force and the Court finds that no case against the petitioner Rajendra Singh Gulati is made out and he cannot be left to face the trial based upon the chargesheet, which has been found unsubstantial in the S.T. no.33/2005. For the aforesaid reasons, petition is allowed and the prayer made therein is accorded. Thus, the S.T. No.33/2005 3 against the petitioner Rajendra Singh Gulati and based on the chargesheet u/s 467, 468, 420 and 411 IPC r/w Section 2/3 Gangsters Act, is hereby quashed. (Servesh Kumar Gupta, J.) 16.09.2011 Rajeev Dang