Pravez Alam and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Pravez Alam and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay of the entire proceedings of S.C. No. 412 of 2002; matter connected with Application U/S 528 BNSS No.43713 of 2025 and listed on 24.11.2025 as fresh; 10 days' time granted to learned AGA to obtain instructions. Final decision on quashing deferred.

Issue for consideration

Whether the entire proceedings of S.C. No. 412 of 2002 under the U.P. Gangsters Act against the applicants, who claim to have been acquitted in both base cases shown in the gang chart, are unsustainable and liable to be quashed.

Court's answer

In the meantime, the entire proceedings of S.C. No. 412 of 2002 shall remain stayed.

Ratio / Principle

The case is connected with Application U/S 528 BNSS No.43713 of 2025 and is to be put up alongwith it on 24.11.2025, as fresh.

Key takeaways

Learned AGA is granted 10 days' time to enable him to obtain instructions in the matter.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Vivek Kumar Singh, J.), interim order dated November 12, 2025 in Application U/S 528 BNSS No. 44148 of 2025 (Pravez Alam and another vs. State of U.P. and another). The applicants seek quashing of the entire proceedings of S.C. No. 412 of 2002 (State vs. Jahid and others), arising out of Case Crime No. 410/2001, under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, PS Khatauli, District Muzaffarnagar, pending before the Additional District Judge, Court No. 5, Gangsters Act, Muzaffarnagar, including charge sheet dated 08.09.2002 and cognizance/summoning order dated 12.11.2002. Counsel contends the applicants were acquitted in both cases shown in the gang chart and that identically situated co-accused Hussain's proceedings were quashed on 09.09.2025 in Application U/S 528 BNSS No. 34096 of 2025 in light of Farhana vs. State of Uttar Pradesh and others, [2024 0 INSC 118]. The Court granted the learned AGA 10 days to obtain instructions, connected the matter with Application U/S 528 BNSS No. 43713 of 2025 for listing on 24.11.2025 as fresh, and directed that in the meantime the entire proceedings of the said case shall remain stayed. Final determination reserved.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 44148 of 2025

Pravez Alam And Another

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Ankur Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE VIVEK KUMAR SINGH, J.

Heard Shri Ankur Singh, learned counsel for applicants and learned AGA for the State of U.P.

This application has been preferred for quashing the entire proceedings of S.C. No. 412 of 2002 (State vs. Jahid and others), arising out of Case Crime no. 410/2001, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, PS- Khatauli, District Muzaffarnagar, pending in court of Additional District Judge, Court no.5, Gangsters Act, Muzaffarnagar, including charge sheet dated 08.09.2002 as well as cognizance/summoning order dated 12.11.2002.

It is contended by the learned counsel for the applicants that the applicants have been falsely implicated in two cases and they have been acquitted in both cases shown in the gang chart. He further submitted that identically situated co-accused Hussain, who was implicated in three cases, arising out of same Case Crime no. 410/2001, under Section 2/3 of U.P.Gangsters and Anti-Social Activities (Prevention) Act, 1986 at PS- Khatauli, District Muzaffarnagar, preferred application under Section 528 BNSS No.34096 of 2025 (Hussain vs. State of U.P. And Another) and proceedings against him have been quashed vide order dated 09.09.2025 in the light of the judgment of Honble Apex Court in the case of Farhana vs. State of Uttar Pradesh and others, [2024 0 INSC 118] . It is further contended that once the accused has been acquitted in base cases the impugned proceedings against him cannot go on under the Gangster Act and the entire process is unsustainable and liable to be set aside.

At this stage, learned AGA prays for and is granted 10 days' time to

NA528 No. 44148 of 2025

2

enable him to obtain instructions in the matter.

Connect and put up this case alongwith Application U/S 528 BNSS No.43713 of 2025 on 24.11.2025, as fresh.

In the meantime, entire proceedings of the aforesaid case shall remain stayed.

(Vivek Kumar Singh,J.)

November 12, 2025 Radhika

Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad