Ankur Kumar @ Ankur Chaudhary v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37892 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.

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

¶2This application has been preferred for quashing the entire proceeding of Session Case no. 65 of 2025 (CNR no. UPGZ010007732025) (State vs. Neetu & others) under Section 2/3 of U.P.Gangster Act, 1986, pending in court of learned Special Judge, Gangster Act/Additional District and Session Judge, Court no. 12, Ghaziabad arising out of Case Crime no. 47/2024, PS-Indrapuram, District-Ghaziabad as well as charge sheet dated 29.11.2024 and cognizance/summoning order dated 15.1.2025 passed by learned Special Judge, Gangsters Act/Additional District and Sessions Judge, Court no. 12, Ghaziabad.

¶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.928 of 2023, under Sections3/4/5/6 of Immoral Traffic (Prevention) Act, 1956, Police Station Indirapura, District Ghaziabad wherein proceeding of said case has already been quashed by co-ordinate Bench of this Court vide order dated 1.10.2024 passed in Application u/s 482 no. 26945 of 2024 (Ankur Kumar @ Ankur Chaudhary vs. State of U.P. and another), copy of which is annexed as Annexure no. 9 to the affidavit. 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 Versus Counsel for Applicant(s) : Mohit Singh, Ravi Kumar Singh Counsel for Opposite Party(s) : G.A. Ankur Kumar @ Ankur Chaudhary .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 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, entire proceedings of Session Case no. 65 of 2025 (CNR no. UPGZ010007732025) (State vs. Neetu & others) under Section 2/3 of U.P.Gangster Act, 1986 arising out of Case Crime no. 47/2024, PS-Indrapuram, District-Ghaziabad 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. 37892 of 2025 (Saurabh Srivastava,J.) High Court of Judicature at Allahabad