SULEMAN AND ANOTHERversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 827 of 2026

Suleman And Another
                                                               .....Applicant(s)
                                     Versus

State of U.P. and Another
                                                                   .....Opposite
                                                                         Party(s)

Counsel for Applicant(s)                            :    Pankaj Bharti
Counsel for Opposite Party(s)                       :    G.A.

Court No. - 81
                  HON'BLE VIVEK KUMAR SINGH, J.

1. Heard learned counsel for the applicants and learned A.G.A. for the State.

2. Present application under Section 528 B.N.S.S. has been preferred for
quashing the impugned charge sheet dated 04.08.2015, cognizance order
dated 03.09.2015. summoning order dated 03.09.2015 and all further
proceedings of Special Case No. 77 of 2015 'State Vs Bhoora and others',
arising out of Case Crime No. 141 of 2015, under Section 2/3 of Uttar
Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S.
Kakrauli, District Muzaffar Nagar, pending in the court of learned Special
Judge (Gangsters Act)/ Additional District & Sessions Judge, Court No.5,
Muzaffar Nagar.

3. Pursuant to earlier order dated 16.02.2026, learned A.G.A. has produced
instructions, which is taken on record. Based on instructions, it is stated by
him that the applicant has been acquitted in base case by the learned trial
court vide judgment and order dated 07.08.2025.

4. Learned counsel for the applicants submits that the proceeding under the
Gangster Act was initiated against the applicants on the basis of following
case:-

"(i) Case Crime No. 79 of 2015, under Sections 3/5A/8 of Uttar Pradesh
Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to
Animals Act, 1960, P.S. Kakrauli, District Muzaffarnagar."

5. It is further submitted that the applicants have been acquitted, in aforesaid
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Case Crime No. 79 of 2015, vide judgment and order dated 07.08.2025,
passed by the trial court in Case No.2418/9 of 2015, copy of which has been
appended as Annexure 5 to this application.

6. Learned counsel for the applicants further submits that no cause of action
survive now before the prosecution to initiate proceedings under Section 2/3
of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, against
the applicants since they have been acquitted in base case. It is further
submitted that once in the base case, 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 applicants has been
acquitted in the base case, 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 applicants
and submitted that the proceedings of Gangster Act cannot be quashed on
account of quashing or acquittal or dismissal of the base case. 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 case are no more
pending against the applicants and once the proceedings of the base case
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.

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 case shown against the applicant has been quashed by the
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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.
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                                    12. In wake of the preceding discussion, since the proceedings of the base
                                    case are no more pending against the applicants, therefore, the charge sheet
                                    dated 04.08.2015, cognizance order dated 03.09.2015. summoning order
                                    dated 03.09.2015 and all further proceedings of Special Case No. 77 of 2015
                                    'State Vs Bhoora and others', arising out of Case Crime No. 141 of 2015,
                                    under Section 2/3 of Uttar Pradesh Gangsters and Anti-Social Activities
                                    (Prevention) Act, 1986, P.S. Kakrauli, District Muzaffar Nagar, pending in
                                    the court of learned Special Judge (Gangsters Act)/ Additional District &
                                    Sessions Judge, Court No.5, Muzaffar Nagar, are hereby quashed only in
                                    pursuance of applicants herein.

                                    13. The present application is, accordingly, allowed.



                                                                                       (Vivek Kumar Singh,J.)
                                    March 18, 2026
                                    Radhika




Digitally signed by :-
RADHIKA VISHWAKARMA
High Court of Judicature at Allahabad