Disposed¶13

Suhaib and 2 Others v. State of U.P. and Another

Allahabad HC16 Dec 2025NA528/46736/2025

Case brief

AI extract

What is this about?

Section 528 BNSS; quashing of Gangsters Act proceedings after acquittal in base case; Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118]; U.P. Gangster and Anti Social Activities (Prevention) Act Section 3(1); Case Crime No. 125 of 2023; S.S.T. No. 1126 of 2023; Case Crime No. 464 of 2021; Sections 392, 411 IPC; acquittal dated 18.01.2025 in Criminal Case No. 5771 of 2021; interim stay of Gangster trial; P.S. Gajraula, District Amroha; Suhaib and 2 Others v. State of U.P.; Allahabad High Court; Vivek Kumar Singh, J.; next date 20.01.2026.

What did the court decide?

Interim relief only: further proceedings of S.S.T. No. 1126 of 2023 stayed against the applicants till the next date of listing; matter to be listed fresh on 20.01.2026; A.G.A. granted two weeks' time to obtain instructions. ¶13

Suhaib and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, upon the applicants' acquittal in the solitary base case (Case Crime No. 464 of 2021), the pending Gangsters Act proceedings (S.S.T. No. 1126 of 2023) can be sustained and are liable to be quashed.

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Court's answer

As an interim measure, till the next date of listing, further proceedings of S.S.T. No. 1126 of 2023 (State Versus Junaid and others, arising out of Case Crime No. 125 of 2023, under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act), pending before the Additional Session Judge/Fast Track Court IInd, Amroha, shall remain stayed against the applicants; the A.G.A. was granted two weeks to obtain instructions and the case was put up fresh on 20.01.2026. No final decision was rendered on the prayer for quashing.

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Detailed headnote1 paragraphs

Allahabad High Court (Vivek Kumar Singh, J.), December 16, 2025 — Application under Section 528 BNSS (Application U/S 528 BNSS No. 46736 of 2025) filed by Suhaib and 2 Others seeking quashing of Gangsters Act proceedings in S.S.T. No. 1126 of 2023 (State Versus Junaid and others), arising out of Case Crime No. 125 of 2023 under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, P.S. Gajraula, District Amroha, pending before the Additional Session Judge/Fast Track Court IInd, Amroha. Counsel for applicants submitted that the applicants were implicated under the Gangsters Act solely on the basis of a solitary case (Case Crime No. 464 of 2021, Sections 392 and 411 I.P.C.) and stood acquitted therein by judgment and order dated 18.01.2025 in Criminal Case No. 5771 of 2021, and relying on Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118] prayed that the entire proceedings be quashed. The Court granted the A.G.A. two weeks to obtain instructions, listed the case fresh for 20.01.2026, and directed that, till the next date of listing, further proceedings of S.S.T. No. 1126 of 2023 shall remain stayed against the applicants. No final ruling was made on the quashing prayer.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 46736 of 2025

Suhaib And 2 Others

.....Applicant(s)

Versus

State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Santosh Kumar Singh Counsel for Opposite Party(s) : G.A.

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Court No. - 78

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HON'BLE VIVEK KUMAR SINGH, J.

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Heard learned counsel for the applicants and learned A.G.A. for the Stateopposite party no.1.

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It is submitted by the learned counsel for the applicants that the applicants have been implicated under the Gangsters Act solely on the basis of a solitary case, namely Case Crime No. 464 of 2021, under Sections 392 and 411 I.P.C., Police Station Gajraula, District Amroha. It is submitted that the applicants have been acquitted in the said case by the trial court vide judgment and order dated 18.01.2025 passed in Criminal Case No. 5771 of 2021, a copy whereof has been appended at page 77 of the present application.

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It is further submitted that, in view of the judgment of the Hon’ble Supreme Court in Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118] , once the applicants have been acquitted in the base case, the proceedings under the Gangsters Act cannot be sustained and entire proceedings are liable to be quashed. Accordingly, it is prayed that the entire proceedings against the applicants be quashed by this Court.

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Learned A.G.A. prays for and is granted two weeks' time to obtain instructions in the matter.

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Put up this case on 20.01.2026 as fresh.

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Till the next date of listing, further proceedings of S.S.T. No.1126 of 2023

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NA528 No. 46736 of 2025

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(State Versus Junaid and others) arising out of Case Crime No.125 of 2023, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Gajraula, District Amroha, pending in the court of Additional Session Judge/ Fast Track Court IInd, Amroha, shall remain stayed against the applicants.

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(Vivek Kumar Singh,J.)

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December 16, 2025

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Radhika

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

Suhaib and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Suhaib and 2 Others v. State of U.P. and Another

Case brief

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