Shakeel and Another vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:123092

Court No. - 77

Case :- APPLICATION U/S 528 BNSS No. - 24171 of 2025 Applicant :- Shakeel And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.

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Supplementary affidavit preferred on behalf of applicants is taken on record.

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Heard Sri Akhilesh Kumar, Advocate holding brief of Sri Anand Pati Tiwari, 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 no.25 of 2020 dated 26.01.2020, cognizance/summoning order dated 27.01.2021 and the entire proceedings of Case No.226 of 2021 (State Vs. Ayyub and Others), arising out of Case Crime No.601 of 2017, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police StationAurangabad, District- Bulandshahr, pending in the court of learned Special Judge, Gangster Act, Bulandshahr.

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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 two cases bearing Case Crime No.523 of 2017, under sections 380, 411 I.P.C. and Case Crime No.522 of 2017, under sections 380, 411 I.P.C. In the said cases, both the applicants were acquitted by learned courts concerned vide orders dated 08.10.2024 and 08.10.2024, one of the said orders is annexed as Annexure No.4 to the affidavit filed in support of instant applicant and the other one is annexed as Annexure No.SA-1 to the supplementary affidavit. Learned counsel for applicants next submitted that implication of applicant under the gangster act is abuse of process of law, since the predicate cases on which basis the proceeding has been initiated against the applicants in pursuance to gangster act has already been quashed in shape of above acquittal orders. Learned counsel for applicants further submitted that once in the base cases 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,

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[2024 0 INSC 118] , wherein precisely para-15 has been brought to the attention of this Court, which is quoted herein below:-

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"15. Hence, the very foundation for continuing the prosecution of the appellants under the provisions of the Gangster Act stands struck off and as a consequence, the continued prosecution of the appellants for the said offence is unjustified and tantamounts to abuse of the process of Court."

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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 dictum pronounced by Hon'ble Apex Court in case of Farhana (supra) .

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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 cases, charge-sheet no.25 of 2020 dated 26.01.2020, cognizance/summoning order dated 27.01.2021 and the entire proceedings of Case No.226 of 2021 (State Vs. Ayyub and Others), arising out of Case Crime No.601 of 2017, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Aurangabad, District- Bulandshahr, pending in the court of learned Special Judge, Gangster Act, Bulandshahr, 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 :- 25.7.2025/Saif

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

Shakeel and Another v. State of U.P. and Another

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