Mohd. Shahid and 2 Others vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:139529

Court No. - 77

Case :- APPLICATION U/S 528 BNSS No. - 17121 of 2025

Applicant :- Mohd. Shahid And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikas Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Anil Srivastava, learned Senior Counsel assisted by Sri Vikas Srivastava, learned counsel for applicant and Sri Pawan Srivastava, learned A.G.A. for State.

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The instant application has been preferred for quashing the entire proceedings of S.T. No.9 of 2022 (State vs. Qamar Said and Others) arising out of Case Crime No.162 of 2016, under sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Dhoomanganj, District- Prayagraj, pending in the court of learned Special Judge, Gangster Act, Allahabad, including charge-sheet dated 02.06.2017.

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On previous occasion, time was extended in favour of learned A.G.A. for seeking instructions specifically over the issue that in respect of progress of Case Crime No.221 of 2013, under sections 419, 420, 467, 468 I.P.C., which is registered at Police Station Dhoomanganj, District Prayagraj, but when the matter has been taken up today, it is stated that in spite of correspondence made at the behest of learned A.G.A.-I on dated 8th August, 2025, the same is still unresponded, hence no option left before this Court, but to proceed with the prayer as made through the instant application.

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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 four cases bearing Case Crime No.228 of 2013, 432 of 2013, 105 of 2013 and 221 of 2013, wherein all the applicants were acquitted in respect of Case Crime Nos.228 of 2013 and 432 of 2013, the said orders are collectively annexed as Annexure No.4 to the affidavit; in respect of Case Crime No.105 of 2013, the entire proceedings has already been quashed by this Court vide judgement and order dated 12.09.2017 itself and so far as regarding Case Crime No.221 of 2013 is concerned, there is no counter to the specific information provided by learned Senior Counsel appearing on behalf of applicants that till today, no charge-sheet

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has ever been preferred at the behest of concerned investigating officer since 2013 itself.

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Learned Senior Counsel submitted that implication of applicants in pursuance to sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 can only be proceeded once any criminal case is still pending against applicants, after having fact which has been mentioned above, there is no criminal proceeding pending against any of the applicants, since in two case crime numbers, the applicants were acquitted; in one case crime number, the entire proceeding has been set-aside by this Court and in one case crime number, once the charge-sheet is still pending to be preferred at the behest of concerned investigating officer, meaning thereby there is hardly any implication of applicants in any of the case crime numbers.

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Per contra, learned A.G.A. informed that so far as regarding the facts as mentioned by learned Senior Counsel, the same is not disputed, but in response to the query which has been made by this Court in previous occasion certain FAX, mail and personal phone call has been made over mobile no.9454402824 of concerned SHO and informed regarding previous order, but all were in vain, meaning thereby the prosecution seems to be not interested to implicate the applicants in unwarranted criminal litigation in shape of proceeding under Gangster Act.

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In view of aforementioned facts and circumstances, the entire proceedings when no matter is pending against the applicants since the prosecution can only be presumed to be initiated only after taking cognizance of offence by competent court of law, in the instant matter no cognizance has ever been taken, which is pending against the applicant at present and as such the entire proceedings arising out of Case Crime No.162 of 2016, under sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Dhoomanganj, District- Prayagraj, in which the applicants were implicated under Gangster Act are hereby set-aside.

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The instant application stands allowed accordingly.

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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 :- 13.8.2025 Saif

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

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

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