Ahsan and Another vs State of U.P. and Another

Heard Mr. Sharda Prasad Mishra, learned Counsel holding brief of Mr. Sunil Kumar Dwivedi, learned Counsel for the applicants and learned A.G.A. for the State.

¶11

Present application under Section 528 B.N.S.S. has been preferred for quashing the charge-sheet dated 29.08.2011 as well as cognizance order dated 20.09.2011, in Special Case No. 76 of 2011, State v. Rizwan @ Gotar and others, arising out of Case Crime No. 710 of 2010, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station Kotwali Nagar, District Bulandshahr, pending in the Court of Additional District Judge, Court No.8, Bulandshahr.

¶12

Pursuant to earlier order dated 21.01.2026, learned A.G.A. was directed to obtain instructions and he has received the same. On the basis of instructions, learned A.G.A. states that the applicant has been acquitted in base cases.

¶13

Learned Counsel for the applicant submits that the proceeding under the Gangster Act was initiated against the applicant on the basis of following cases:-

¶14

"(i) Case Crime No. 606 of 2010, under Sections 147, 148, 149, 307 and 302 I.P.C. and Section 7 of Criminal Amendment Act., P.S. Kotwali Nagar, District Bulandshahr.

¶15

(ii). Case Crime No. 349 of 2010, under Sections 147, 148, 149, 307, 504 and 506 I.P.C. and Section 7 of Criminal Amendment Act., P.S. Kotwali

¶16

NA528 No. 50163 of 2025

¶17

2

¶18

Nagar, District Bulandshahr."

¶19

It is further submitted that the proceedings have been quashed in Case Crime No. 606 of 2010, under Sections 147, 148, 149, 307 and 302 I.P.C. and Section 7 of Criminal Amendment Act., P.S. Kotwali Nagar, District Bulandshahr, vide judgment and order dated 31.01.2014 passed in Sessionst Trial No. 365 of 2011, copy of which has been appended as Annexure 3 to this application.

¶20

It is further submitted that the applicant has also been acquitted, in Case Crime No. 349 of 2010, under Sections 147, 148, 149, 307, 504 and 506 I.P.C. and Section 7 of Criminal Amendment Act., P.S. Kotwali Nagar, District Bulandshahr, vide judgment and order dated 15.09.2016, passed in Sessions Trial No. 85 of 2011, copy of which has been appended as Annexure-3 to this application.

¶21

Learned Counsel for the applicants further submits that no cause of action survive now before the prosecution to initiate proceedings under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, against the applicants since they have been acquitted or proceedings have been quashed in base cases. It is further submitted that once in the base cases, the proceedings have already been quashed/the applicants have been acquitted, the instant proceedings under the Gangster Act cannot be drawn.

¶22

In support of his submission, learned Counsel for the applicants has placed reliance on the judgment passed by the Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118] , and stated that once the applicant has been acquitted in the base cases or the proceedings have been quashed, the proceedings under the Gangster Act cannot go on, therefore, the entire proceeding is unsustainable and liable to be quashed by this Court.

¶23

Per contra, learned A.G.A. opposed the prayer made by the applicants and submitted that the proceedings of Gangster Act cannot be quashed on account of quashing or acquittal or dismissal of the base cases. The impugned chargesheet under the Gangster Act cannot be quashed.

¶24

In support of his submission, learned A.G.A. relied upon the judgment passed by a co-ordinate Bench of this Court in Paras Chaudhary Vs. State of U.P. and another [Appl. U/S 482 No. 11117 of 2024, decided on 03.05.2024].

¶25

NA528 No. 50163 of 2025

¶26

3

¶27

After having rival contentions submitted by the learned Counsel for the parties, it is crystal clear that the proceedings of the base cases are no more pending against the applicants and once the proceedings of the base cases depicted in the gang chart are quashed or the applicants have been acquitted, the proceedings under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, are liable to be quashed.

¶28

In a recent judgment of Farhana (Supra), decided on 19.02.2024, the Hon'ble Apex Court quashed the proceedings of U.P. Gangsters Act on the ground that base cases shown against the applicant has been quashed by the High Court. The relevant paragraphs of Farhana (Supra) is reproduced hereunder.

¶29

"12. From a bare perusal of Section 2(b)(i) of the Gangsters Act, it would become apparent that the person alleged to be the member of the gang should be found indulging in anti-social activities which would be covered under the offences punishable under Chapters XVI, or XVII or XXII IPC. There is no dispute that the case set up by the prosecution against the appellants insofar as the offences under the Gangsters Act are concerned, is limited to Section 2(b)(i) reproduced supra and none of the other clauses of the provision have been pressed into service for the proposed prosecution.

¶30

13. Needless to say that for framing a charge for the offence under the Gangsters Act and for continuing the prosecution of the accused under the above provisions, the prosecution would be required to clearly state that the appellants are being prosecuted for any one or more offences covered by anti-social activities as defined under Section 2(b).

¶31

14. There being no dispute that in the proceedings of the sole FIR registered against the appellants for the offences under Chapter XVII IPC being Crime Case No. 173 of 2019, the appellants stand exonerated with the quashing of the said FIR by the High Court of Judicature at Allahabad by exercising the powers under Section 482 of Code of Criminal Procedure, 1973, vide order dated 3rd March, 2023 passed in Application No. 7228 of 2023.

¶32

15. Hence, the very foundation for continuing the prosecution of the appellants under the provisions of the Gangsters Act stands struck off and as a consequence, the continued prosecution of the appellants for the said offence is unjustified and tantamounts to abuse of the process of Court.

¶33

16. As a consequence of the discussion made herein above, the impugned orders dated 14th November, 2022 and 6th December, 2022 passed by the High Court of Judicature at Allahabad are quashed and set aside".

¶34

NA528 No. 50163 of 2025

¶35

4

¶36

In wake of the preceding discussion, since the proceedings of the base care are no more pending against the applicants, therefore, charge-sheet dated 29.08.2011 as well as cognizance order dated 20.09.2011, in Special Case No. 76 of 2011, State v. Rizwan @ Gotar and others, arising out of Case Crime No. 710 of 2010, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station Kotwali Nagar, District Bulandshahr, pending in the Court of Additional District Judge, Court No.8, Bulandshahr, are hereby quashed only in pursuance of applicants herein.

¶37

The present application is, accordingly, allowed .

¶38

March 18, 2026 Vijay

¶39

(Chawan Prakash,J.)

¶40

Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad

Ahsan and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ahsan and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Varun Kumar Mishra Vs State of U.P. and 8 Others

Smt. Manju Upadhyay Vs State of U.P. and 2 Others

Jameel Khan Vs State of U.P. and Another

Rahul Verma vs State of U.P. and Another

Raja @ Raja Balmiki Vs State of U.P. and Another

Mayank Yadav vs State of U.P. and 4 Others