Allowed

Sultan Hussain v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Allahabad HC15 Feb 2024A482/1354/2024

Case brief

AI extract

What is this about?

Application filed under Section 482 Cr.P.C. to quash charge sheet and gangster case proceedings. The High Court allowed the application and quashed proceedings due to applicant's acquittal in two and discharge in one prior case, citing abuse of process.

What did the court decide?

Quashing of impugned charge sheet dated 31.03.2022, cognizance/summoning order dated 04.05.2022, and entire proceedings of Gangster Case No.24 of 2022.

Sultan Hussain vs State of U.P. Thru. Prin. Secy. Home… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:17298

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 1354 of 2024

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Applicant :- Sultan Hussain Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Ramakar Shukla, the learned counsel for the applicant, Sri Abhishek Singh, the learned State Counsel and perused the records.

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By means of the instant application under Section 482 Cr.P.C. the applicant has sought quashing of the impugned charge sheet dated 31.03.2022, cognizance/summoning order dated 04.05.2022 along with entire proceedings of Gangster Case No.24 of 2022: State Vs. Mohd. Daud Khan and others, arising out of Case Crime No.264 of 2021, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Kurwar, District Sultanpur, pending in the Court of learned Additional District Judge/Gangster Act, Court No.8, Sultanpur.

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The quashing of the impugned orders and the entire proceedings of criminal case has been sought on the ground of the applicant's involvement in three predicate offences, wherein the applicant has already been acquitted in two cases i.e. Case Crime No.358/2019, under Sections 323, 504, 506, 427 I.P.C. Police Station Musafirkhana, District Amethi vide order dated 06.02.2023, passed by learned Chief Judicial Magistrate, Musafirkhana, Sultanpur and Case Crime No.63 of 2021, under

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Sections 500, 501, 504, 506 I.P.C. and Section 67 of Information Technology Act, Police Station Kudwar, District Sultanpur. In the third case namely Case Crime No.417 of 2019, under Sections 504, 506, 34 I.P.C. Police Station Kudwar, District Sultanpur the applicant has been discharged by means of an order dated 20.11.2022, passed by learned Additional Civil Judge/Judicial Magistrate, Court No.28, Sultanpur.

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The learned counsel for the applicant has placed reliance on a judgment of the Hon'ble Supreme Court in the case of Farhana Vs. State of U.P. and ors.: SLP (Crl.) No.437 of 2023 wherein it has been held that when the very foundation for continuing the prosecution of the applicant under provisions of Gangsters Act stands struck off, consequently the continued prosecution of the applicant for the said offence is unjustified and tantamount to abuse of the process of the court.

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In view of the aforesaid factual situation and the law laid down by the Hon'ble Supreme Court in the aforesaid case, the continuance of the criminal proceedings for the offence under U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 against the applicant, when the gang chart mentions his involvement in three cases, in two of which the applicant stands acquitted and in one case he has been discharged, will be an abuse of the process of law.

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Accordingly, the application is allowed and the proceedings of impugned charge sheet dated 31.03.2022, cognizance/summoning order dated 04.05.2022 along with entire proceedings of Gangster Case No.24 of 2022: State Vs. Mohd. Daud Khan and others, arising out of Case Crime No.264 of 2021, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Kurwar, District Sultanpur, pending in the Court of learned Additional

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District Judge/Gangster Act, Court No.8, Sultanpur are hereby quashed.

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(Subhash Vidyarthi, J.)

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Order Date :- 26.2.2024 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Sultan Hussain v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Case brief

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Sultan Hussain v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Case brief

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