Kailash Yadav and 4 Others vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:124232

Court No. - 77

Case :- APPLICATION U/S 482 No. - 40747 of 2024

Applicant :- Kailash Yadav And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A.

¶5

Hon'ble Saurabh Srivastava,J.

¶6

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

¶7

This application has been preferred for quashing the chargesheet no.702 of 2022 dated 22.12.2022, cognizance/summoning order dated 22.09.2023 and the entire proceedings of Criminal Case No.740 of 2023 (State Vs. Raju @ Rajesh Yadav and others) under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986 arising out of Case Crime No.275 of 2022, Police Station- Kotwali Lalitpur, District- Lalitpur, pending in the court of learned Special Judge (Gangster Act)/Additional District and Session Judge, Lalitpur.

¶8

Learned counsel for the applicants submitted that the proceeding under the Gangster Act has been initiated against applicants on the basis of two cases bearing Case Crime No.355 of 2020 and Case Crime No.164 of 2020, except the applicant no.2, who is implicated in the instant gangster proceeding only on the basis of solitary case, i.e., Case Crime No.355 of 2020, wherein in Case Crime No.355 of 2020, entire proceeding has already been quashed against all the applicants by co-ordinate Bench of this Court vide order dated 11.10.2023 in Application u/s 482 Cr.P.C. No.33907 of 2023, the said order is annexed as Annexure No.5 to the affidavit and in Case Crime No.164 of 2020, applicant nos.1, 3, 4 and 5 were acquitted by learned court concerned vide order dated 08.09.2022, the said order is annexed as Annexure No.6 to the affidavit. 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

¶9

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.

¶10

Per contra, learned A.G.A. vehemently opposed the prayer sought through the instant application and rebutted the stand taken up by learned counsel for applicants, but at the same he did not dispute the order dated 11.10.2023 and 08.09.2022 passed by coordinate Bench of this Court as well as learned court concerned.

¶11

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] .

¶12

In wake of the preceding discussion, since the applicant has already been acquitted in the base case, charge-sheet no.702 of 2022 dated 22.12.2022, cognizance/summoning order dated 22.09.2023 and the entire proceedings of Criminal Case No.740 of 2023 (State Vs. Raju @ Rajesh Yadav and others) under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986 arising out of Case Crime No.275 of 2022, Police StationKotwali Lalitpur, District- Lalitpur, pending in the court of learned Special Judge (Gangster Act)/Additional District and Session Judge, Lalitpur, are hereby quashed only in pursuance of applicants herein.

¶13

The present application is, accordingly, allowed .

¶14

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.

¶15

Order Date :- 28.7.2025 Saif

¶16

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

Kailash Yadav and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Kailash Yadav and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Smt. Meenakshee and Another vs State of U.P. and 5 Others

Smt. Janki Shrivas and Another vs State of U.P. and 3 Others

Smt. Aradhana Devi and Another vs State of U.P. and 3 Others

Om Prakash Pandey vs State of U.P. and Another

Shahnawaz vs State of U.P. and Another

Moses vs State of U.P. and Another