Ramu Pandit @ Ram Pathak and Another vs State… — Murder and Culpable Homicide | Allahabad HC (2026)

Ramu Pandit @ Ram Pathak and Another vs State… — Murder and Culpable Homicide | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Entire proceedings of G.S.T. (Gangster Session Trial) No. 1275 of 2025 (State of U.P. vs. Ramu Pandit and others) under Section 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, arising out of Case Crime No. 155 of 2024, along with charge-sheet No. 40 of 2025 dated 28.02.2025 and the cognizance order dated 26.06.2025, quashed only in pursuance of the applicants; liberty preserved to initiate fresh proceedings in any other case.

Issue for consideration

Whether the entire proceedings of G.S.T. (Gangster Session Trial) No. 1275 of 2025 (State of U.P. vs. Ramu Pandit and others) under Section 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, arising out of Case Crime No. 155 of 2024, together with charge-sheet No. 40 of 2025 dated 28.02.2025 and the cognizance order dated 26.06.2025, are liable to be quashed. +1 more

Court's answer

Since the applicants stood acquitted in the base case vide order dated 18.07.2024, the entire proceedings of G.S.T. No. 1275 of 2025 arising out of Case Crime No. 155 of 2024, the charge-sheet No. 40 of 2025 dated 28.02.2025 and the cognizance order dated 26.06.2025 are quashed, only in pursuance of the applicants.

Ratio / Principle

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.

Key takeaways

The quashing order shall not preclude the authorities concerned from initiating fresh proceedings in pursuance of any other case against the applicants.obiter¶19

Detailed headnote1 paragraphs

Gangster Act — quashing of proceedings — acquittal in base case. The Allahabad High Court (Vivek Kumar Singh, J.) allowed an application under Section 528 BNSS and quashed the entire proceedings of G.S.T. No. 1275 of 2025 under Section 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 (P.S. Hathras Junction, District Hathras), together with charge-sheet No. 40 of 2025 dated 28.02.2025 and the cognizance order dated 26.06.2025, because the solitary base case (Case Crime No. 44 of 2023, Sections 302, 34, 120-B I.P.C. and Section 3/25/27 Arms Act) had ended in acquittal of the applicants vide judgment dated 18.07.2024 in S.T. No. 938 of 2023. Following Farhana v. State of Uttar Pradesh (Apex Court) and three decisions of the Allahabad High Court (Salim @ Piyaoo; Jai Prakash and others; Sartaj), the Court held that once the base-case proceedings depicted in the gang chart stand quashed or the accused stands acquitted, the Gangster Act proceedings are liable to be quashed. The order was made clear not to preclude fresh proceedings in respect of any other case against the applicants.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 51944 of 2025

Ramu Pandit @ Ram Pathak And Another

Versus		.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s) :	Sanjay	Kumar Dubey
Counsel for Opposite Party(s) :	G.A.

Court No. - 81

HON'BLE VIVEK KUMAR SINGH, J.

Heard learned counsel for applicants and learned A.G.A. on behalf of the State.

This application has been preferred for quashing the entire proceedings of G.S.T. (Gangster Session Trial) No.1275 of 2025 (State of U.P. vs. Ramu Pandit and others), under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S.- Hathras Junction, District Hathras as well as charge-sheet No.40 of 2025 dated 28.02.2025, whereupon learned court below taken cognizance on 26.06.2025 arising out of Case Crime No.155 of 2024, pending in the court of Additional District and Session Judge-4th, Hathras, District Hathras.

Learned counsel for the applicants submitted that the proceeding under the Gangster Act has been initiated against applicants on the basis of solitary case bearing Case Crime No. 44 of 2023, under Sections 302, 34, 120-B I.P.C. and Section 3/25/27 Arms Act, Police Station Hathras Junction, District Hathras, wherein applicants have already been acquitted by learned Additional Sessions Judge/ Special Judge, SC/ST Act, Hathras, vide judgment and order dated 18.07.2024 in S.T. No. 938 of 2023, copy of which is Annexed as Annexure-5 to the affidavit. Learned counsel for applicants further submitted that once in the base case, the applicants have been acquitted, the

NA528 No. 51944 of 2025

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instant proceeding under the Gangster Act cannot be drawn. In support of his submission, learned counsel for applicants 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 applicants are acquitted in the base case, impugned proceedings cannot go on under the Gangster Act and the entire proceeding is unsustainable and liable to be set aside.

Per contra, learned A.G.A. vehemently opposed the prayer sought through the instant applicant 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 in base case applicants have been acquitted vide order dated 18.07.2024, the entire proceedings of G.S.T. (Gangster Session Trial) No.1275 of 2025 (State of U.P. vs. Ramu Pandit and others), arising out of Case Crime No.155 of 2024, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S.- Hathras Junction, District Hathras, pending in the court of Additional District and Session Judge-4th, Hathras, District Hathras as well as charge-sheet No.40 of 2025 dated 28.02.2025 including the cognizance order dated 26.06.2025, are hereby quashed only in pursuance of the applicants.

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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 applicants.

February 16, 2026

Nitendra

(Vivek Kumar Singh,J.)

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