Ankush Kumar Gulati @ Ankur Kumar Gulati vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Ankush Kumar Gulati @ Ankur Kumar Gulati vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay of further proceedings of G.S.T. No.353 of 2011 against the applicant only till the next date of listing (9th February, 2026); two weeks' time granted to learned A.G.A. to obtain instructions; case put up fresh on 9th February, 2026.

Issue for consideration

Whether the proceedings under the Gangsters Act (G.S.T. No.353 of 2011), submitted by counsel to rest solely on base case Case Crime No.154 of 2011 whose proceedings were quashed on 29.07.2015, cannot run and are liable to be quashed (reliance placed on Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118]).

Ratio / Principle

As an interim measure, further proceedings of G.S.T. No.353 of 2011 shall remain stayed against the applicant only till the next date of listing (9th February, 2026); the substantive question whether the Gangsters Act proceedings are liable to be quashed was not decided, two weeks' time having been granted to the A.G.A. to obtain instructions.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Vivek Kumar Singh, J.), interim order dated January 12, 2026 in Application U/S 528 BNSS No. - 51196 of 2025 (Ankush Kumar Gulati @ Ankur Kumar Gulati v. State of U.P. and Another). Applicant seeks quashing of Charge sheet no. 169 of 2011 dated 10.06.2011 and cognizance/summoning order dated 05.11.2011, and of the entire proceedings of G.S.T. No.353 of 2011 arising out of Case Crime No. 406 of 2011 under section 2/3 U. P. Gangster & Anti Social and Activities (Prevention) Act, 1986, Police Station Hari Parvat, District Agra, pending before the Special Judge, Gangster Act, Agra. Counsel submits the applicant was implicated under the Gangsters Act on the basis of a solitary case (Case Crime No.154 of 2011) whose proceedings were quashed by a Co-ordinate Bench vide order dated 29.07.2015 in Application 482 No.21717 of 2015, and invokes Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118]. Learned A.G.A. granted two weeks to obtain instructions; case listed fresh on 9th February, 2026; further proceedings stayed against the applicant only till the next date. Substantive issue left undecided at this interim stage.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 51196 of 2025

Ankush Kumar Gulati @ Ankur Kumar Gulati

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s) Counsel for Applicant(s) : Pankaj Satsangi Counsel for Opposite Party(s) : G.A.

Court No. - 81

HON'BLE VIVEK KUMAR SINGH, J.

Heard learned counsel for applicant and learned AGA for the State.

The present application has been preferred for seeking quashing of the Charge sheet no. 169 of 2011 dated 10.06.2011 and cognizance/summoning order dated 05.11.2011 as well as the entire proceedings of G.S.T. No.353 of 2011, arising out of Case Crime No. 406 of 2011, under section 2/3 U. P. Gangster & Anti Social and Activities (Prevention) Act, 1986, Police Station Hari Parvat, District Agra, pending in the court of Special Judge, Gangster Act, Agra

It is submitted by learned counsel for the applicant that the applicant has been implicated under the Gangsters Act only on the basis of solitary case, bearing Case Crime No.154 of 2011, Police Station Hari Parvat, District Agra. In the said case, the proceedings against the applicant has already been quashed by a Co-ordinate Bench of this Court vide order dated 29.07.2015 passed in Application 482 No.21717 of 2015. It is further submitted that once the proceedings against the applicant in the base case has been quashed, the proceedings under the Gangsters Act cannot run and liable to be quashed in view of judgment of Hon'ble Apex Court in Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118].

Learned A.G.A. prays for and is granted two weeks' time to obtain instructions in this matter.

Put up this case on 9th February, 2026 as fresh.

NA528 No. 51196 of 2025

2

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

(Vivek Kumar Singh,J.)

January 12, 2026

Radhika

Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad