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

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

What the court decided

AI extract

Outcome

Application not finally decided. Learned AGA granted two weeks to obtain instructions; case directed to be put up fresh on 20.03.2026; further proceedings of GST No.120 of 2011 stayed against the applicants only till the next date of listing.

Issue for consideration

Whether the cognizance/summoning order dated 17.03.2011 and the entire criminal proceedings of GST No.120 of 2011 under the Gangster Act constitute an abuse of process of court and are liable to be quashed, given the applicants' claimed acquittal in the base cases shown in the gang-chart (as urged relying on Farhana v. State of U.P.)

Court's answer

Interim order: till the next date of listing (fixed as 20.03.2026), further proceedings of GST No.120 of 2011 shall remain stayed against the applicants only; the question of quashing was not decided.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vivek Kumar Singh, J.), Application U/S 528 BNSS No. 4649 of 2026, Chandrakant Gupta and another v. State of U.P. and another (decided February 18, 2026): Application under Section 528 B.N.S.S. preferred for quashing the cognizance/summoning order dated 17.03.2011 passed by the learned Special Judge, Gangster Act, Agra on the chargesheet dated 13.02.2011, and the entire criminal proceedings of GST No.120 of 2011 arising out of Case Crime No.177 of 2010 under Sections 2/3 of the Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali, District Agra. Counsel for the applicants contended that the applicants stand acquitted in the base cases shown in the gang-chart (acquittal judgments appended as Annexure-4 and 5) and that the Gangster Act proceedings are an abuse of process of court, relying on Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118]. Learned AGA was granted two weeks to obtain instructions; the case was directed to be listed fresh on 20.03.2026; and till the next date, further proceedings were stayed against the applicants only. The quashing question remains open; no final merits decision was rendered.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 4649 of 2026

Chandrakant Gupta And Another

Versus	.....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) : Araf Khan, Khan	Lihazur Rahman
Counsel for Opposite Party(s) : G.A.

Court No. - 81

HON'BLE VIVEK KUMAR SINGH, J.

Heard learned counsel for the applicants and learned A.G.A. for the State respondents.

Present application under Section 528 B.N.S.S. has been preferred for quashing the impugned cognizance/summoning order dated 17.03.2011 pending in the court of learned Special Judge, Gangster Act, Agra on the chargesheet dated 13.02.2011 and the entire criminal proceedings of GST No.120 of 2011, arising out of Case Crime No.177 of 2010, under Sections 2/3 of the Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali, District Agra.

Learned counsel for the applicants submitted that the applicants have been acquitted in the base cases, shown in the gang-chart and copy of the judgments of acquittal have been appended as Annexure-4 and 5 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] .

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

NA528 No. 4649 of 2026

2

Put up this case as fresh on 20.03.2026.

Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against the applicants only.

February 18, 2026

Nitendra

(Vivek Kumar Singh,J.)

Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad