AMIT KUMAR SHUKLA AND ANOTHERversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD

           APPLICATION U/S 528 BNSS No. - 23001 of 2026

Amit Kumar Shukla And Another
                                                             .....Applicant(s)
                                   Versus
State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)            :   Ripusudan Dubey, Savita Dubey
Counsel for Opposite Party(s)       :   G.A.

Court No. - 75
             HON'BLE DR. GAUTAM CHOWDHARY, J.

1. Heard learned counsel for applicants, Sri Rajendra Singh, learned A.G.A.
for State and perused the material on record.

2. This application has been preferred for quashing the entire proceedings of
S.C.No.21 of 2025 (State Vs. Manoj Dubey and others) arising out of Case
Crime No.626 of 2023 under Section 2B(1), 3(1) of U.P.Gangsters Act,
Police Station Cantt.,, District Gorakhpur pending before learned Additional
District Judge 2nd/Gangsters Court, District Gorakhpur as well as to quash
the charge sheet dated 27.04.2024 and also to quash the cognizance order
dated 01.01.2025 passed in the aforesaid case.

3. Learned counsel for the applicants has submitted that the proceeding
under the Gangster Act has been initiated against applicants on the basis of
solitary case bearing Case Crime No.220 of 2023, under Sections 420, 506
I.P.C., Police Station Cantt., District Gorakhpur, which proceedings have
been quashed by this Court vide order dated 18.09.2025 passed in
Application U/s 482 Cr.P.C. No. 35738 of 2024 (Radhey Shyam Singh and 2
others Vs. State of U.P. and another), copy of which, is annexed as
Annexure-7 to the affidavit accompanying the application. He further
submits that no cause of action survives before prosecution to initiate
proceedings under the Gangster Act against the applicants. Learned counsel
for applicants further submitted that once in the base case, proceeding has
already been quashed, the instant proceeding under the Gangster Act cannot
be drawn. In support of his submission, learned counsel for applicants has
placed reliance on the judgement passed by the Apex Court in Farhana vs.
State of Uttar Pradesh and others [2024 0 INSC 118] and stated that once
the base case is already quashed/dismissed the impugned proceeding cannot
go on under the Gangster Act and the entire process is unsustainable and
                                                                                            NA528 No. 23001 of 2026
                                                                    2

                                    liable to be set aside.

                                    4. Per contra, learned A.G.A. vehemently opposed the prayer sought through
                                    the instant applicants and submitted that the proceeding on account of
                                    quashing/acquittal or dismissal if predicate offence of the FIR/Chargesheet
                                    of the FIR under the Gangsters Act cannot be quashed. In support of his
                                    submissions, learned AGA relied upon the judgment passed by coordinate
                                    Bench of this Court in Paras Chaudhary Vs. State of U.P. and another
                                    [Appl. U/S 482 No.11117 of 2024, decided on 03.05.2024].

                                    5. After having the rival contentions raised by learned counsel for parties, it
                                    is crystal clear that base case depicted in the gang chart has already been
                                    quashed and once the proceedings of the base case depicted in the gang chart
                                    are quashed or the accused has been acquitted, the proceedings under the
                                    Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act are
                                    liable to be quashed [Ref: Farhana (supra) rendered by Hon'ble the Apex
                                    Court, Salim @ Piyaoo Vs. State of U.P. rendered by this Court in Criminal
                                    Revision No. 2541 of 2011, Jai Prakash and others Vs. State of U.P.
                                    rendered by this Court in Criminal Revision No. 3309 of 2008, Sartaj Vs.
                                    State of U.P. rendered by this Court in Appl. U/S 482 No.11645 of 2007]
                                    and Gyanendra Chaudhary vs. State of U.P. rendered by this Court in the
                                    Application under Section 482 Cr.P.C. No.43910 of 2022.

                                    6. In wake of the preceding discussion, since the base case has been quashed,
                                    thus the entire proceedings of S.C.No.21 of 2025 (State Vs. Manoj Dubey
                                    and others) arising out of Case Crime No.626 of 2023 under Section 2B(1),
                                    3(1) of U.P.Gangsters Act, Police Station Cantt., District Gorakhpur pending
                                    before learned Additional District Judge 2nd/Gangsters Court, District
                                    Gorakhpur as well as the charge sheet dated 27.04.2024 and alsothe
                                    cognizance order dated 01.01.2025 passed in the aforesaid case, are hereby
                                    quashed as against the applicants.

                                    7. The present application is, accordingly, allowed.

                                    8. However, it is made clear that this order shall not preclude the authorities
                                    concerned to initiate fresh proceedings in pursuance of any other case
                                    against the applicants.

                                                                                   (Dr. Gautam Chowdhary,J.)

                                    September 29, 2026
                                    S.Ali




Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad