HIGH COURT OF UTTARANCHAL AT NAINITAL Criminal Misc. Application No. 634 of 2005 Rohit Malik S/o Sri Anil Malik & Others …..Applicants Versus State of Uttarakhand & Others ….Respondents Dated :- 19th December, 2008 Hon’ble J. C.S. Rawat, J. Mr. B. S. Parihar, Advocate for the applicants. Mr. Amit Bhatt, Addl. G.A. for the State. Mr. H.S. Dhillion, Advocate for respondent no. 3. 2. This petition under section 482 Cr.P.C. has been filed by the petitioners/accused for quashing the orders dated 30.8.2005 and 9.9.2005 passed by the Special Judge, Gangster Act/IInd FTC, Nainital in Special Session Trial No. 34 of 2005 titled as State v. Rajendra Singh @ Raju & Others under Section 2/3 of the Gangster Act. 3. Brief facts for the disposal of this petition are that a criminal case no. 201 of 2005 under Section 364, 394, 397, 302, 411, 201, 120-B I.P.C. registered at P.S. Tanakpur was pending before the Court of Sessions after being committed by the Chief Judicial Magistrate, Champawat. Meanwhile, another case was registered at P.S. Tanakpur as case crime no. 267 of 2005 under Section 2/3 of Gangster Act on 17.6.2005 and the trial of the aforesaid case is pending before the Special Judge, Gangster Act, IInd FTC/Nainital. The learned Special Judge, Gangster Act/IInd FTC, Nainital has passed the impugned order summoning the file of case crime no. 201 of 2005 from Champawat court and directed it to be tried along with case crime no. 267 of 2005. 4. Feeling aggrieved by the aforesaid order, the petitioners/accused have preferred the present petition. 5. It would be pertinent to mention here that this Court vide order dated 22.9.2005 stayed the impugned orders dated 30.8.2005 and 9.9.2005 passed by the Special Judge, Gangster Act/IInd FTC/Nainital. Thereafter the proceedings of case crime no. 201 of 2005 were going on at Champawat. 6. After hearing at length, learned Counsel for the respective parties agreed that in the interest of expeditious trial of the case the following consent order may be passed. On the basis of the consent of the parties and looking to the fact that Section 8 of the Gangster Act being an enabling section and the original jurisdiction of a trial originally lies with the Sessions Judge, Champawat, the present petition is disposed of in the following terms. (i) The case crime no. 201 of 2005 in which the case has been committed to the Court of Sessions and a Sessions Trial Number has been allocated would proceed at district Champawat and the learned Sessions Judge would dispose it of expeditiously. (ii) The case crime no. 267 of 2005 registered under Section 2/3 of the Gangster Act at P.S. Tanakpur which is pending before the Special Judge, Gangster Act/IInd FTC, Nainital as Special Session Trial No. 34 of 2005 shall be disposed of separately and expeditiously by the Special Judge, Nainital. (iii) The impugned orders of the learned Special Judge, Gangster Act/IInd FTC, Nainital dated 30.8.2005 and 9.9.2005 are hereby quashed. (iv) No order as to costs. 7. All the applications stand disposed of accordingly. (J.C.S Rawat, J.) 19th December,2008 PRABODH