Mayank Srivastava and 2 Others Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:86256

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 14787 of 2025

Applicant :- Mayank Srivastava And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hariom Kamal Singh,Varad Nath Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Varad Nath, learned counsel appearing for the applicants and learned AGA for the State.

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This application under section 528 BNSS has been preferred to quash the impugned charge-sheet no. 1 dated 05.12.2023 as well as summoning/cognizance order dated 11.01.2024 including the entire proceedings of Sessions Case No. 73 of 2024 (State vs. Mayank Srivastava and Others) arising out of Case Crime No. 740 of 2022, under section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Loni Border, District-Rural (Commissionerate Ghaziabad), pending in the Court of learned Additional District Judge-12th, Ghaziabad as well as to stay the further proceedings of abovementioned case.

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It is the case of the applicants that applicant nos. 1 and 3 are practicing advocates at Ghaziabad and applicant no. 2 is father of applicant nos. 1 and 3 and with some ulterior motive, all the applicants have been implicated in three consecutive criminal proceedings which has been initiated against applicant nos. 1 and 2. So far as regarding applicant no. 3 is concerned, four cases have been registered, wherein he has been implicated as one of the coaccused. In respect of Case Crime Nos. 316 of 2022, 108 of 2022 and 464 of 2022 pertains to applicant nos. 1 and 2, the entire proceeding has been put under challenge before this Court in Criminal Misc. Application U/s 482 Nos. 39590 of 2022, 26306 of 2023 and 5186 of 2023 respectively. Considering the illegality involved in shape of implication of applicant nos. 1 and 2 is concerned, the entire proceeding has already been stayed vide order dated 23.12.2022, 27.10.2023 and 03.04.2023 respectively, which is still pending to be adjudicated finally by coordinate Bench of this Court and interim order granted in favour of applicant nos. 1 and 2 is still operative.

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So far as applicant no. 3 is concerned, there is one more criminal proceeding, wherein he has been implicated i.e. Case Crime No. 61 of 2022, wherein criminal appeal has been preferred at the behest of applicant no. 3, but no interim protection has ever been extended by this Court in favour of applicant no. 3.

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Once the entire proceeding arising out of different three case crime numbers pertains to applicant nos. 1 and 2 has already been stayed, meaning thereby the implication of applicant nos. 1 and 2 cannot be determined for initiating fresh proceeding in pursuance of the same Sections 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.

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Per contra, learned AGA vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for the applicants on the ground that due to unavailability of specific instructions, only oppose has been raised which is formal in nature but no conclusive or determining argument has been raised.

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In absence of any specific instructions, implication of the applicants cannot be perpetuated to be continued, prima facie, it seems that the proceeding initiated against applicant nos. 1 and 2 is slightly illegal, since the same is dependent upon final adjudication which will be made by this Court in three different applications u/s 482 Cr.P.C., which cannot be determined that applicant nos. 1 and 2 are the offender/accused, rather the institution of fresh proceeding under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 is not sustainable under the eye of law and as such the proceeding initiated against applicant nos. 1 and 2 are liable to be set-aside.

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So far as in connection to applicant no. 3 is concerned, although three cases are the same one, wherein interim protection has been granted in favour of applicant nos. 1 and 2, but pendency of the criminal appeal arising out of Case Crime No. 61 of 2022 under Sections 322, 323, 504, 506, 452 IPC along with Section 3(2)(v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 also and there is hardly any interim protection extended in favour of applicant no. 3 and as such the facts of applicant no. 3 are slightly different with the facts of the matter pertains to applicant nos. 1 and 2, since the proceeding under U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 can be initiated only on the solitary case and as such applicant no. 3 is not entitled to be considered for extension of any relief as sought in the instant application.

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In view of aforementioned facts and circumstances and in the light of different interim protection extended by coordinate Bench of this Court, the entire proceedings against applicant nos. 1 and 2 are hereby set-aside . However, it is made clear that the same shall be dependent upon the outcome of the application preferred at the behest of applicant nos. 1 and 2 which is still pending before this Court and the interim protection is still in operation.

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It is also made clear that learned trial court may proceed against applicant no. 3 in respect of proceeding arising out of Case Crime No. 740 of 2022 in pursuance to section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Loni Border, District-Rural (Commissionerate Ghaziabad), pending in the Court of learned Additional District Judge-12th, Ghaziabad.

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The instant application stands partly allowed accordingly.

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Office is hereby directed to de-link the other connected matters from instant one.

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Order Date :- 21.5.2025 #Vik/-

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Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad

Mayank Srivastava and 2 Others v. State of U.P. and Another

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