IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL GOVERNMENT APPEAL NO.1613 OF 2001 (OLD NO.1693/2000) The State ……… Appellant Versus Kallan S/o Sri Jaggan Pathan R/o Mohlla Kotarawan, Jwalapur P.S. Jwalapur, District Haridwar & another ……… Respondent Dated: November 3, 2008 Sri M.A. Khan, learned brief holder for the State Sri Sanjeev Singh, learned counsel for respondent no.1 Sri Ajay Singh Bisht, learned amicus curiae for respondent no.2 HON. DHARAM VEER, J. This appeal, preferred by the appellant u/s 378 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 09.03.2000 passed by Special Judge Gangster, Meerut in Special Case No.226/1999, State Vs. Kallan & another, whereby the learned Special Judge acquitted the respondents-Kallan and Israr u/s 3(1) of the Uttar Pradesh Gangster and Anti-social Activities (Prevention) Act, 1986 (hereinafter to be referred as the Act). 2. I have heard Sri M.A. Khan, learned brief holder for the State, Sri Sanjeev Singh, learned counsel for respondent no.1 and Sri Ajay Singh Bisht, learned amicus curiae for respondent no.2 and perused the entire material available on record. 3. In brief, the prosecution case is that Sri O.P.S. Bhati, S.H.O., Jwalapur lodged the F.I.R. on 25.11.1998 at 2:55 P.M. in Police Station Jwalapur, District Haridwar with the averment that respondent nos.1 and 2 have cases against them pending in the courts and for this he annexed the Gangster Chart. In the Gang Chart following 2 cases have been shown against each of respondents/accused. The cases shown against respondent no.1 Kallan are:- (i) Case Crime No.386/98 u/Ss 394/411 I.P.C., P.S. Jwalapur, District Haridwar (ii) Case Crime No.376/98 u/Ss 457/380/411 I.P.C., P.S. Jwalapur, District Haridwar (iii) Case Crime No.120/98 u/Ss 379/411 I.P.C. P.S. Jwalapur, District Haridwar (iv) Case Crime No.154/98 u/s 4/25 Arms Act, P.S. Jwalapur, District Haridwar (v) Case Crime No.405/97 u/Ss 363/366/376 I.P.C., P.S. Jwalapur, District Haridwar The cases shown against respondent no.2 Israr are:- (i) Case Crime No.386/98 u/Ss 394/411 I.P.C., P.S. Jwalapur, District Haridwar (ii) Case Crime No.376/98 u/Ss 457/380/411 I.P.C., P.S. Jwalapur, District Haridwar 4. On the basis of the cases shown in the Gang Chart, case was registered against the respondents/accused u/s 3(2)(II) of the Act and the Chik F.I.R. was prepared by Head Moharrir Sunil Kumar. The sanction for the prosecution of the respondents/accused u/s 2/3 of the Act was granted by the District Magistrate, Haridwar. Investigation of this case was entrusted to S.H.O. Mandhata Samrat, who, during the course of the investigation, recorded the statement of the witnesses and after completing the investigation, filed the charge sheet against the respondents/accused Kallan and Israr u/s 3(2)(1) of the Act on 8.6.1999. 3 5. On 2.3.2000, learned Special Judge Gangster, Meerut framed the charge against the respondents/ accused u/s 3(1) of the Act. The charge was read over and explained to the respondents/accused who pleaded not guilty and claimed to be tried. 6. Both the respondents have filed a certified copies of the order by which they have been acquitted by the court concerned except the charge u/s 4/25 of the Arms Act mentioned in the Gang Chart of respondent no.1 Kallan. The State has not produced any oral or the documentary evidence before the trial court to prove the case. 7. After considering all the facts and circumstances of the case and hearing learned counsel for the parties, learned Special Judge, Meerut vide his judgment and order dated 9.3.2000 in Special Case No.226/1999, State Vs. Kallan & another, acquitted the respondents/accused Kallan and Israr. Against the said judgment and order, the State/appellant has preferred the present appeal. 8. During the course of the argument, Sri M.A. Khan, learned brief holder for the State could not find out any mistake in the judgment and order passed by the trial court and he has also admitted on the basis of the record available that the respondents/accused have been acquitted by the Court in the cases mentioned in the Gang Chart and the certified copies filed by the respondents/accused in the trial court are correct. 9. After hearing learned brief holder for the State and perusing the record of the trial court, I do not find that the trial court has committed any mistake in acquitting the respondents/accused in the above said charge levelled 4 against them. The view taken by the trial court is correct and justified. Thus, the appeal is devoid of merits and is liable to be dismissed. 10. Accordingly, the appeal is dismissed. 11. Let a copy of this judgment along with the record of the trial court be sent back to the trial court concerned. (Dharam Veer, J.) 03.11.2008 RG