Allowed¶12

Mohd Usman and 2 Others v. State of U.P. and Another

Allahabad HC28 Apr 2025A482/2780/2025

Case brief

AI extract

What is this about?

Allahabad HC quashes Gangster Act proceedings after acquittal in base case; relies on Farhana v. State of U.P. (2024 INSC 118); charge-sheet, cognizance order, and trial quashed; fresh proceedings on other cases not barred.

What did the court decide?

Charge-sheet dated 17.11.2023, cognizance/summoning order dated 07.03.2024, and entire proceedings of Special Session Trial No.299 of 2024 quashed in respect of the applicants. ¶12

Mohd Usman and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:66548

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 2780 of 2025

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Applicant :- Mohd Usman And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Waseem Akram Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for applicants and learned A.G.A. on behalf of the State.

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This application has been preferred for quashing the chargesheet dated 17.11.2023, cognizance/summoning order dated 07.03.2024 passed by learned Special Judge (Gangster Act)/Additional District Judge-05, Moradabad and the entire proceedings of Special Session Trial No.299 of 2024 (State Vs. Mohd. Usman and others), arising out of Case Crime No.137 of 2023, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Mainather, District- Moradabad.

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Learned counsel for the applicants submitted that the proceeding under the Gangster Act has been initiated against applicants on the basis of solitary case bearing Case Crime No.197 of 2021, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of Prevention of Cruelty to Animal Act, 1960, Police Station- Mainather, District- Moradabad. In the said case, all the applicants were acquitted by learned court of Additional Session Judge, Court No.3, Moradabad vide order dated 10.05.2024. Learned counsel for applicants further submitted that once in the base case applicants have been exonerated/acquitted, 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 or the applicants have already been acquitted in the same, the impugned proceeding cannot go on under the Gangster Act and the entire process is unsustainable and liable to be set aside.

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Per contra, learned A.G.A. vehemently opposed the prayer

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sought through the instant applicant and rebutted the stand taken up by learned counsel for applicants, but at the same he did not dispute the order dated 10.05.2024 passed by learned court concerned.

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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 cases 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 and Sartaj Vs. State of U.P. rendered by this Court in Appl. U/S 482 No.11645 of 2007] .

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In wake of the preceding discussion, since the applicant has already been acquitted in the base case, charge-sheet dated 17.11.2023, cognizance/summoning order dated 07.03.2024 passed by learned Special Judge (Gangster Act)/Additional District Judge05, Moradabad and the entire proceedings of Special Session Trial No.299 of 2024 (State Vs. Mohd. Usman and others), arising out of Case Crime No.137 of 2023, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Mainather, District- Moradabad, are hereby quashed only in pursuance of applicants herein.

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The present application is, accordingly, allowed .

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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.

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Order Date :- 28.4.2025 Saif

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Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad

Mohd Usman and 2 Others v. State of U.P. and Another

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Mohd Usman and 2 Others v. State of U.P. and Another

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