Sikander and Another vs State of U.P. and 2… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Sikander and Another vs State of U.P. and 2… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Entire proceedings of Special Session Trial No. 18 of 2022 in Case Crime No. 217 of 2020 (State vs. Sikander & another) under Section 3(1) of the U.P. Gangster Act, P.S. Saraimeer, District Azamgarh, including the summoning order dated 05.04.2022, quashed in pursuance of the applicants only; the ancillary prayer for stay of the trial is answered by the quashing; liberty expressly preserved for fresh proceedings on any other case against the applicants.

Issue for consideration

Whether the entire proceedings and the summoning order dated 05.04.2022 in Special Session Trial No. 18 of 2022 (Case Crime No. 217 of 2020) under Section 3(1) of the U.P. Gangster Act are liable to be quashed on the ground that the sole base case depicted in the gang chart (Case Crime No. 223 of 2019) has ended in acquittal of the applicants. +1 more

Court's answer

Once the proceedings of the base cases depicted in the gang chart are quashed, or the accused has been acquitted in them, the proceedings under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act are liable to be quashed (cited to Farhana, 2024 INSC 118, and the earlier Allahabad High Court decisions in Salim @ Piyaoo, Jai Prakash and Sartaj).

Ratio / Principle

Since the applicants have been acquitted in the base case, the entire proceedings of Special Session Trial No. 18 of 2022 in Case Crime No. 217 of 2020 (State vs. Sikander & another) under Section 3(1) of the U.P. Gangster Act, P.S. Saraimeer, District Azamgarh are quashed, and the quashing operates only in pursuance of these applicants.

Key takeaways

Scope limitation on the relief: the quashing order does not preclude the authorities concerned from initiating fresh proceedings against the applicants in pursuance of any other case.ratio¶16

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 77), Saurabh Srivastava, J. | Application U/S 528 BNSS No. - 33461 of 2025, Sikander & Anr. v. State of U.P. & 2 Ors. | Decided September 11, 2025. The Gangster Act case against the applicants (Case Crime No. 217 of 2020, Section 3(1) U.P. Gangster Act, P.S. Saraimeer, Azamgarh; summoning order dated 05.04.2022; Special Session Trial No. 18 of 2022) rested on a solitary base case — Case Crime No. 223 of 2019 under Sections 376D, 34, 506 IPC and Sections 3/4 POCSO Act — in which the applicants had already been acquitted by the trial court vide order dated 19.07.2024. Holding that where the base cases depicted in the gang chart are quashed or the accused acquitted, proceedings under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act are liable to be quashed — invoking Farhana [2024 0 INSC 118] (Apex Court) and the Allahabad High Court decisions in Salim @ Piyaoo (Crl. Rev. 2541/2011), Jai Prakash (Crl. Rev. 3309/2008) and Sartaj (Appln. U/S 482 No. 11645/2007) — the Court quashed the entire Gangster Act proceedings qua the applicants and allowed the application, making clear that the order does not bar fresh proceedings on any other case against them.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 33461 of 2025

Sikander And Another

.....Applicant(s) Versus State Of U.P. And 2 Others .....Opposite Party(s) Counsel for Applicant(s) : Amar Bahadur Singh, Anil Kumar Pandey, Anupam Prakash Singh, Vijaya Upadhyay Counsel for Opposite Party(s) : G.A. Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

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

This application has been preferred for quashing the entire proceedings and summoning order dated 05.04.2022 passed in Special Session Trial no. 18 of 2022 by learned Additional District and Sessions Judge/Special Judge (Gangster Act), Court no. 6, Azamgarh in Case Crime no. 217 of 2020 (State vs. Sikander & another) under Section 3(1) of U.P.Gangster Act, PSSaraimeer, District Azamgarh. Further prayer has been made to stay the proceeding of Special Session Trial no. 18 of 2022.

Learned counsel for the applicant submitted that the proceeding under the Gangster Act has been initiated against applicant on the basis of solitary case bearing Case Crime No.223 of 2019, under Sections376D, 34, 506 IPC and 3/4 of POCSO Act, Police Station Saraimeer, District Azamgarh wherein applicant has already been acquitted by learned trial court vide order dated 19.07.2024, copy of which is annexed as Annexure no. 4 to the affidavit. Learned counsel for applicants further submitted that once in the base case, proceeding has already been quashed/applicants have been 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

NA528 No. 33461 of 2025

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already quashed, the impugned proceeding cannot go on under the Gangster Act and the entire process is unsustainable and liable to be set aside.

Per contra, learned A.G.A. vehemently opposed the prayer sought through the instant application but could not dispute the aforesaid facts.

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].

In wake of the preceding discussion, since in base case applicants have been acquitted, entire proceedings of Special Session Trial no. 18 of 2022 in Case Crime no. 217 of 2020 (State vs. Sikander & another) under Section 3(1) of U.P.Gangster Act, PS- Saraimeer, District Azamgarh are hereby quashed only in pursuance of applicants herein.

The present application is, accordingly, allowed .

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.

(Saurabh Srivastava,J.)

September 11, 2025 Shaswat

Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad