Sanjay Agrawal Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Sanjay Agrawal Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed; the entire proceedings of G.S.T. No.10 of 2013 (State Vs. Sanjay Agrawal and others), arising out of Case Crime No.904 of 2010, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, pending before the Special Judge, Gangster Act, Mathura, are quashed only in pursuance of the applicant herein, subject to the caveat that fresh proceedings pursuant to any other case remain open to the authorities.

Issue for consideration

Whether the proceedings of G.S.T. No.10 of 2013 under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, initiated against the applicant on the basis of a solitary case (Case Crime No.739 of 2010) in which he has already been acquitted, can lawfully continue, and whether they should be quashed.

Court's answer

Where the proceedings of the base case(s) depicted in the gang chart have been quashed, or the accused has been acquitted therein, the proceedings under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act are liable to be quashed; in the instant matter the base case has already resulted in the applicant's acquittal, so the Gangster Act proceeding cannot stand.

Ratio / Principle

Since the applicant has already been acquitted in the base case, the entire proceedings of G.S.T. No.10 of 2013 (State Vs. Sanjay Agrawal and others), arising out of Case Crime No.904 of 2010, pending before the Special Judge, Gangster Act, Mathura, stand quashed — but only in pursuance of the applicant herein.

Key takeaways

Caveat on scope: the quashing order shall not preclude the authorities concerned from initiating fresh proceedings against the applicant in pursuance of any other case.obiter¶8

Detailed headnote1 paragraphs

Gangster Act (U.P.) — Quashing of proceedings — Acquittal in base case. An application under Section 528 BNSS by Sanjay Agrawal sought quashing of the entire proceedings of G.S.T. No.10 of 2013 (State Vs. Sanjay Agrawal and others), arising out of Case Crime No.904 of 2010 under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, pending before the Special Judge, Gangster Act, Mathura. The Gangster Act proceeding rested on a solitary base case (Case Crime No.739 of 2010, Sections 147, 148, 149, 302, 120B I.P.C.) in which the applicant had already been acquitted by the Additional District and Session Judge/Special Judge, Mathura, vide order dated 03.10.2016 — a fact undisputed by the State. Relying on Farhana vs. State of Uttar Pradesh and others (Apex Court) and on three decisions of the Allahabad High Court (Salim @ Piyaoo; Jai Prakash and others; Sartaj), the Court held that where the base case(s) depicted in the gang chart are quashed or the accused has been acquitted therein, the Gangster Act proceedings are liable to be quashed. Accordingly, the entire G.S.T. proceedings were quashed — only in pursuance of the applicant — and the application was allowed, with the clarification that the order does not preclude fresh proceedings pursuant to any other case.

Neutral Citation No. - 2025:AHC:84377

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 5910 of 2025

Applicant :- Sanjay Agrawal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anshul Kumar Singhal Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

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

This application has been preferred for quashing the entire proceedings of G.S.T. No.10 of 2013 (State Vs. Sanjay Agrawal and others), arising out of Case Crime No.904 of 2010, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Vrindavan, DistrictMathura, pending in the court of Special Judge, Gangster Act, Mathura.

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.739 of 2010, under Sections 147, 148, 149, 302, 120B I.P.C., Police StationVrindavan, District- Mathura. In the said case, the applicant was acquitted by learned court of Additional District and Session Judge/Special Judge, Mathura vide order dated 03.10.2016. Learned counsel for applicant further submitted that once in the base case applicant has been exonerated/acquitted, the instant proceeding under the Gangster Act cannot be drawn. In support of his submission, learned counsel for applicant 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 already quashed or the applicant has already been acquitted in the same, 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 applicant and rebutted the stand taken up by learned counsel for applicant, but at the same he did not dispute the order dated 03.10.2016 passed by learned court

concerned.

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 the applicant has already been acquitted in the base case, the entire proceedings of G.S.T. No.10 of 2013 (State Vs. Sanjay Agrawal and others), arising out of Case Crime No.904 of 2010, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Vrindavan, District- Mathura, pending in the court of Special Judge, Gangster Act, Mathura, is hereby quashed only in pursuance of applicant 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 applicant.

Order Date :- 19.5.2025 Saif

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