Disposed¶17

Saif Ali and Another v. State of U.P. and Another

Allahabad HC10 Feb 2026NA528/2924/2026

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application; Gangster Act proceedings; S.T. No.88 of 2024; Case Crime No. 14 of 2023; Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act; P.S. Amroha Dehat, District Amroha; acquittal in base case; gang-chart; abuse of process of court; Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118]; chargesheet dated 14.04.2023; cognizance/summoning order dated 02.12.2024; interim stay of proceedings; AGA to obtain instructions; listed 12.03.2026; Allahabad High Court; Vivek Kumar Singh, J.

What did the court decide?

Interim stay of further proceedings of S.T. No.88 of 2024 against the applicants only until the next date of listing (12.03.2026); two weeks' time granted to learned AGA to obtain instructions; application not finally decided. ¶17

Saif Ali and Another vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire proceedings of S.T. No.88 of 2024 under the U.P. Gangster Act, together with the chargesheet dated 14.04.2023 and cognizance/summoning order dated 02.12.2024, are liable to be quashed as abuse of the process of court in view of the applicants' alleged acquittal in the base case shown in the gang-chart and the Apex Court judgment in Farhana.

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Ratio / Principle

Interim direction: till the next date of listing, further proceedings of S.T. No.88 of 2024 shall remain stayed against the applicants only; the question of quashing was not decided and the matter was listed fresh for 12.03.2026 with two weeks granted to learned AGA to obtain instructions.

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Detailed headnote1 paragraphs

Allahabad High Court (Vivek Kumar Singh, J.), order dated February 10, 2026, in Application U/S 528 BNSS No. 2924 of 2026 — Saif Ali and another v. State of U.P. and another. Applicants sought quashing of the entire proceedings of S.T. No.88 of 2024 (State vs. Saif Ali and Others), arising out of Case Crime No. 14 of 2023 under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Amroha Dehat, District Amroha, pending before the Additional District and Sessions Judge/FTC-II Amroha, along with the chargesheet dated 14.04.2023 and cognizance/summoning order dated 02.12.2024. Counsel contended the applicants stand acquitted in the base case shown in the gang-chart (judgment appended as 'Anneuxre-3', sic) and that continuation is an abuse of process in view of Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118]. Learned AGA was granted two weeks to obtain instructions; the case was listed fresh for 12.03.2026; and further proceedings were stayed against the applicants only till the next date. Interim order only — the quashing question remains open.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 2924 of 2026

Saif Ali And Another

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Sameer Khan
Counsel for Opposite Party(s)	: G.A.

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Court No. - 81

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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 State respondents.

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Present application under Section 528 B.N.S.S. has been preferred for quashing the entire proceeding of S.T. No.88 of 2024 (State vs. Saif Ali and Others), arising out of Case Crime No. 14 of 2023, under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Amroha Dehat, District Amroha, pending in the Court of Additional District and Sessions Judge/FTC-II Amroha as well as impugned Chargesheet dated 14.04.2023 and cognizance/summoning order dated 02.12.2024.

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Learned counsel for the applicant submitted that the applicants have been acquitted in the base case, shown in the gang-chart and copy of the judgment of acquittal has been appended as Anneuxre-3 to this application. He further submitted that proceedings under the Gangster Act is now the abuse of process of court and is liable to be quashed in view of the judgement rendered by Hon'ble Apex Court in case of Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118].

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