SAMIT GOPAL, J. - (1.) This Criminal Misc. Application under Section 482 Cr.P.C. has been filed by the applicant / Lallu Singh with the prayer to quash the entire proceedings of Gangsters Case No. 77 of 2000 (State of U.P. Vs. Lallu Singh and others) under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Eit, District Jalaun pending in the court of Additional Sessions Judge / Special Judge (Gangster Act), Court No. 3, District Jalaun at Orai as well as the order dated 16.01.2020 passed by the Additional Sessions Judge / Special Judge (Gangster Act), Court No. 3, Jalaun at Orai in the said case with a further prayer to stay the further proceedings of the said case during the pendency of the present application. 1. Heard Sri Ajay Sengar, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned A.G.A. for the State and perused the record.
(2.) It is contended by the learned counsel for the applicant that the order dated 16.01.2020 passed by the trial court is illegal in as much as the court below has not considered the application of discharge moved on behalf of the applicant dated 14.11.2019 which is Paper No. 105 (Kha) in the records of the trial court in the correct prospectives and has proceeded to pass the order impugned without application of mind. It is argued that a First Information Report was lodged as Case Crime No. 0253 of 1999 under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Eit, District Jalaun on 22.08.1999 by Ram Milan, S.H.O., P.S. Kotra, District Jalaun and a Gang Chart was prepared which was duly approved by the concerned authorities in which the applicant has been shown to be involved in three cases along with two other persons namely Hukum Singh and Sahab Singh who are said to be involved in the said cases along with the applicant and some other cases which are as follows:- (i) Case Crime No. 98 of 1997 under Sections 302, 201 I.P.C., P.S. Kotra, District Jalaun. (ii) Case Crime No. 358 of 1998 under Sections 327, 329, 308 I.P.C., P.S. Eit, District Jalaun. (iii) Case Crime No. 203 of 1999 under Section 323, 324, 504, 506 I.P.C. and Section 7 of the Criminal Law Amendment Act, 1932, P.S. Eit, District Jalaun.
(3.) It is argued while placing paragraph 17 of the affidavit in support of the Application under Section 482 Cr.P.C. that all the three cases registered and shown in the Gang Chart against the applicant have resulted into acquittal by the courts below. Paragraph 17 of the affidavit is extracted herein below:- "17. That, so far as all the three criminal cases registered and shown in the Gang Chart against the Applicant herein are concerned, the same are resulted into the acquittal by the Learned Courts below in respect of Criminal Cases i.e. Case Crime No. 98 of 1997, u/Ss. 302/201 Indian Penal Code, 1860, P.S.- Kotra, Distrcit Jalaun, Case Crime No. 350 of 1998, u/Ss. 327,329,308 Indian Penal Code, 1860, P.S.- Ait, Distrcit Jalaun and Case Crime No. 203 of 1999, u/Ss. 323,504/506 Indian Penal Code, 1860, P.S.- Ait, Distrcit Jalaun. Thus all the said Orders of acquittal are still final. A Copy of the acquittal Orders dated 13.01.2004, 25.09.2003 and 30.10.2003 passed by the Courts below respectively is being filed herewith and marked as ANNEXURE NO.05 to this Affidavit." ;