VINOD KUMARversusSTATE OF U.P. AND 3 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 47341 of 2025

Vinod Kumar
                                                           .....Applicant(s)
                                    Versus

State Of U.P. And 3 Others
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)                       :    Jaideep Pandey
Counsel for Opposite Party(s)                  :    G.A.

Court No. - 80
                    HON'BLE CHAWAN PRAKASH, J.

1. Heard Jaideep Pandey, learned Counsel for the applicant and learned
A.G.A. for the State.

2. Present application under Section 528 B.N.S.S. has been preferred for
quashing the charge-sheet dated 13.01.2026 as well as
cognizance/summoning order dated 18.07.2026, in Special Trial No. 374
of 2016 (State v. Gudu and others), arising out of Case Crime No. 380 of
2015, under Section 3(1) U.P. Gangsters and Anti Social Activities
(Prevention) Act, Police Station Asmoli, District Sambhal, pending before
the Special Judge Gangster Act Additional District Judge Court No.5,
Moradabad.

3. Pursuant to earlier order dated 27.11.2025, learned A.G.A. was directed
to obtain instructions and he has received the same. On the basis of
instructions, learned A.G.A. states that the applicant has been acquitted in
base cases.

4. Learned Counsel for the applicant submits that the proceeding under
the Gangster Act was initiated against the applicant on the basis of
following cases:-

"(i) Case Crime No. 363 of 2015, under Section 272 I.P.C. and Section
60(2) of Excise Act., P.S. Asmoli, District Sambhal."

5. It is further submitted that the proceedings have been quashed in 363 of
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2015, under Section 272 I.P.C. and Section 60(2) of Excise Act., P.S.
Asmoli, District Sambhal, vide judgment and order dated 31.01.2014
passed in Sessions Trial No. 365 of 2011, copy of which has been
appended as Annexure 3 to this application.

6. Learned Counsel for the applicant further submits that no cause of
action survive now before the prosecution to initiate proceedings under
Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act,
1986, against the applicants since they have been acquitted or proceedings
have been quashed in base cases. It is further submitted that once in the
base cases, the proceedings have already been quashed/the applicants
have been acquitted, the instant proceedings under the Gangster Act
cannot be drawn.

7. In support of his submission, learned Counsel for the applicants has
placed reliance on the judgment passed by the Farhana vs. State of
Uttar Pradesh and others [2024 0 INSC 118], and stated that once the
applicant has been acquitted in the base cases or the proceedings have
been quashed, the proceedings under the Gangster Act cannot go on,
therefore, the entire proceeding is unsustainable and liable to be quashed
by this Court.

8. Per contra, learned A.G.A. opposed the prayer made by the applicant
and submitted that the proceedings of Gangster Act cannot be quashed on
account of quashing or acquittal or dismissal of the base cases. The
impugned chargesheet under the Gangster Act cannot be quashed.

9. In support of his submission, learned A.G.A. relied upon the judgment
passed by a co-ordinate 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].

10. After having rival contentions submitted by the learned Counsel for
the parties, it is crystal clear that the proceedings of the base cases are no
more pending against the applicants and once the proceedings of the base
cases depicted in the gang chart are quashed or the applicants have been
acquitted, the proceedings under the U.P. Gangsters and Anti Social
Activities (Prevention) Act, 1986, are liable to be quashed.
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11. In a recent judgment of Farhana (Supra), decided on 19.02.2024, the
Hon'ble Apex Court quashed the proceedings of U.P. Gangsters Act on
the ground that base cases shown against the applicant has been quashed
by the High Court. The relevant paragraphs of Farhana (Supra) is
reproduced hereunder.

"12. From a bare perusal of Section 2(b)(i) of the Gangsters Act, it would become
apparent that the person alleged to be the member of the gang should be found
indulging in anti-social activities which would be covered under the offences
punishable under Chapters XVI, or XVII or XXII IPC. There is no dispute that the
case set up by the prosecution against the appellants insofar as the offences under the
Gangsters Act are concerned, is limited to Section 2(b)(i) reproduced supra and none
of the other clauses of the provision have been pressed into service for the proposed
prosecution.

13. Needless to say that for framing a charge for the offence under the Gangsters Act
and for continuing the prosecution of the accused under the above provisions, the
prosecution would be required to clearly state that the appellants are being
prosecuted for any one or more offences covered by anti-social activities as defined
under Section 2(b).

14. There being no dispute that in the proceedings of the sole FIR registered against
the appellants for the offences under Chapter XVII IPC being Crime Case No. 173 of
2019, the appellants stand exonerated with the quashing of the said FIR by the High
Court of Judicature at Allahabad by exercising the powers under Section 482 of Code
of Criminal Procedure, 1973, vide order dated 3rd March, 2023 passed in Application
No. 7228 of 2023.

15. Hence, the very foundation for continuing the prosecution of the appellants under
the provisions of the Gangsters Act stands struck off and as a consequence, the
continued prosecution of the appellants for the said offence is unjustified and
tantamounts to abuse of the process of Court.

16. As a consequence of the discussion made herein above, the impugned orders dated
14th November, 2022 and 6th December, 2022 passed by the High Court of
Judicature at Allahabad are quashed and set aside".

12. In wake of the preceding discussion, since the proceedings of the base
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                                    care are no more pending against the applicant, therefore, charge-sheet
                                    dated 13.01.2026 as well as cognizance/summoning order dated
                                    18.07.2026, in Special Trial No. 374 of 2016 (State v. Gudu and others),
                                    arising out of Case Crime No. 380 of 2015, under Section 3(1) U.P.
                                    Gangsters and Anti Social Activities (Prevention) Act, Police Station
                                    Asmoli, District Sambhal, pending before the Special Judge Gangster Act
                                    Additional District Judge Court No.5, Moradabad, is hereby quashed only
                                    in pursuance of applicants herein.

                                    13. The present application is, accordingly, allowed.



                                                                                        (Chawan Prakash,J.)
                                    March 19, 2026
                                    Md Faisal




Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad