Umesh Pal Singh v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38003 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.

¶1Heard Sri G.P.Srivastava, learned counsel for applicant and learned A.G.A. on behalf of the State.

¶2This application has been preferred for quashing the order dated

30.11.2023, passed by learned Special Judge (Gangster Act), Jalaun along with charge sheet dated 7.11.2023 and entire proceeding of GST no. 0040 of 2023 (State of U.P. vs. Shivendra Singh and others) arising out of Case Crime no. 0142 of 2022 under Section 2/3 of U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986, PS-Madhogarh, District Jalaun.

¶3Learned counsel for the applicant submitted that the proceeding under the Gangster Act has been initiated against applicant on the basis of solitary case bearing Case Crime No.94 of 2022, under Sections 379, 411, 504, 353 IPC and 4/21 of Mines and Minerals Act and 3(2) Prevention of Damage to Public Property Act, PS-Madhogarh, District Jalaun wherein proceeding has already been quashed in respect of applicant by this Court vide order dated

25.9.2025 passed in Application u/s 528 BNSS no. 37714 of 2025 (Umesh Pal Singh vs. State of U.P. and another), copy of which is preferred today and is taken on record. Learned counsel for applicant further submitted that once in the base case, proceeding has already been quashed/applicant has been acquitted, the 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 the base case is already quashed, the impugned proceeding cannot go on Versus Counsel for Applicant(s) : Gyanendra Prakash Srivastava Counsel for Opposite Party(s) : G.A. Umesh Pal Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) under the Gangster Act and the entire process is unsustainable and liable to be set aside.

¶4Per contra, learned A.G.A. vehemently opposed the prayer sought through the instant applicant but could not dispute the aforesaid facts.

¶5After 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].

¶6In wake of the preceding discussion, since in base case proceeding has already been quashed in respect of applicant, entire proceedings of GST no. 0040 of 2023 (State of U.P. vs. Shivendra Singh and others) arising out of Case Crime no. 0142 of 2022 under Section 2/3 of U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986, PS-Madhogarh, District Jalaun are hereby quashed only in pursuance of applicant herein.

¶7The present application is, accordingly, allowed.

¶8However, 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 applicant. September 26, 2025 Shaswat NA528 No. 38003 of 2025 (Saurabh Srivastava,J.) High Court of Judicature at Allahabad