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

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

What the court decided

AI extract

Outcome

Application allowed; entire proceedings of Session Case No. 284 of 2024 (State v. Deepak and others) under Section 3(1) U.P. Gangsters Act quashed only in pursuance of the applicant Mohd. Hasim, with a caveat that fresh proceedings pursuant to any other case remain possible.

Issue for consideration

Whether proceedings under the U.P. Gangsters and Anti-Social Activities (Prevention) Act (Session Case No. 284 of 2024) can continue where the solitary base case underlying the gang chart (Case Crime No. 702 of 2021) has been quashed and the applicant stands acquitted.

Court's answer

Once the proceedings of the base case(s) depicted in the gang chart are 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.

Ratio / Principle

Since the base case had already been quashed, the entire proceedings of Session Case No. 284 of 2024 (State v. Deepak and others), arising out of Case Crime No. 290 of 2023 under Section 3(1) of the U.P. Gangsters Act, PS Khalilabad, District Sant Kabir Nagar, stand quashed only in pursuance of the applicant.

Key takeaways

Scope-limiting caveat: the quashing order does not preclude the authorities concerned from initiating fresh proceedings against the applicant in pursuance of any other case.obiter¶14

Detailed headnote1 paragraphs

Application u/s 528 BNSS (Allahabad HC, Saurabh Srivastava J., 29.7.2025) by Mohd. Hasim seeking quashing of Gangsters Act proceedings (Session Case No. 284 of 2024, arising out of Case Crime No. 290 of 2023, s. 3(1) U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, PS Khalilabad, Sant Kabir Nagar). The proceeding rested on a solitary base case (CC 702/2021, IPC ss. 34, 417-420, PS Kotwali Khalilabad), whose proceedings were already quashed and in which the applicant had been acquitted by the CJM, Sant Kabir Nagar, order dated 09.04.2024. Holding: where the base-case proceedings shown in the gang chart are quashed or the accused is acquitted, the Gangsters Act proceedings are liable to be quashed (relying on Farhana, 2024 INSC 118 (Apex Court), and Salim @ Piyaoo (Cr. Rev. 2541/2011), Jai Prakash (Cr. Rev. 3309/2008) and Sartaj (Appln. u/s 482 No. 11645/2007) of this Court). Proceedings quashed qua applicant only; application allowed; order does not preclude fresh proceedings pursuant to any other case.

Neutral Citation No. - 2025:AHC:125850

Court No. - 77

Case :- APPLICATION U/S 528 BNSS No. - 5963 of 2025

Applicant :- Mohd. Hasim Opposite Party :- State of U.P. and Another Counsel for Applicant :- Preetam Yadav Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

Heard Shri Preetam Yadav, learned counsel for applicant and learned A.G.A. on behalf of the State- opposite parties.

This application has been preferred for quashing the entire proceedings of Session Case No. 284 of 2024 (State v. Deepak and others), arising out of Case Crime No. 290 of 2023, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, PS- Khalilabad, District- Sant Kabir Nagar.

Learned counsel for the applicant submitted that the proceeding under the Gangsters Act has been initiated against applicant on the basis of solitary case bearing Case Crime No. 702 of 2021, under Sections 34, 417, 418, 419, 420 of IPC, Police Station Kotwali Khalilabad, District- Sant Kabir Nagar wherein applicant has already been acquitted by learned Chief Judicial Magistrate, Sant Kabir Nagar order dated 09.04.2024, copy of which is annexed as Annexure No. 7 to the affidavit. Learned counsel for applicant further submitted that once in the base case, proceeding has already been quashed and applicant has been acquitted, the instant proceeding under the Gangsters 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, the impugned proceeding cannot go on under the Gangsters 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 the base case has been quashed, entire proceedings of Session Case No. 284 of 2024 (State v. Deepak and others), arising out of Case Crime No. 290 of 2023, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, PS- Khalilabad, District- Sant Kabir Nagar are 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 :- 29.7.2025 Rama Kant

Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad