Allahabad High Court
Smt Magan Deep Kaur vs State Of U.P. And Another on 28 April, 2025
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:66817 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2304 of 2025 Applicant :- Smt Magan Deep Kaur Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Awasthi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Chandra Prakash Awasthi, learned counsel appearing on behalf of applicant and learned AGA for the State.
2. Instant application has been preferred with the prayer to quash the entire proceeding of Criminal Case no. 980/2021 as well as computerized case no. 980/2021 as well as computerized case no. U.P.G.B.O No. 10518/2021 (State vs. Rajneesh Mittal and others) in pursuance of charge sheet no. 1/2021 dated 27.09.2021 in Case Crime no. 1597/2018 under Section 2/3 Gangster and Anti-Social Activities (Prevention) Act, 1986, PS- Noida Sector-20, District- Gautam Budh Nagar to the extent of applicant which is pending in court of learned A.D.J. (6th) Gautam Budh Nagar.
3. It is the case of the applicant for assailing entire proceeding arising out of Case Crime no. 1597 of 2018 through which applicant has been implicated in pursuance to Section 2/3 of Gangster Act along with certain other co-accused that the basis for implication of the applicant was in pursuance to Case Crime no. 956 of 2017 in pursuance to sections 420, 406, 504, 506, 120b and 34 of IPC wherein applicant along with other co-accused were implicated who have been mentioned at serial no. 1, 2, 3 and 5 in gang chart.
4. Learned counsel for the applicant also submitted that co-accused mentioned at serial no. 8 although was not implicated in Case Crime no. 956 of 2017 but for the same cause of action in a separate FIR registered at Case Crime no. 968 of 2017 under the same sections i.e. 420, 406, 504, 506, 120b and 34 of IPC, co-accused mentioned at gang chart serial no. 8 challenged the entire proceeding as well as FIR, up to the level of Hon'ble Apex Court and the same was decided in his favour by way of quashing the FIR registered at Case Crime no. 968 of 2017. So far as regarding Case Crime no. 956 of 2017 is concerned wherein the applicant has been implicated, the charge sheet has been quashed by co-ordinate Bench of this Court vide judgment and order dated 02.05.2024 which was later on amended and corrected vide order dated 24.10.2024 passed in Application u/s 482 no. 44246 of 2018 on the basis of the compromise entered by both the parties, meaning thereby, no grievance has been left to be redressed in favour of opposite party no. 2.
5. On the basis of the aforementioned facts and circumstances, along with orders passed by co-ordinate Bench as well as the Hon'ble Apex court, learned counsel for the applicant submitted that there is hardly any cause of action arises in favour of the opposite party no. 2 as well as prosecution to pursue the matter in pursuance to Case Crime no. 1597 of 2018 under Section 2/3 of Gangster and Anti-Social Activities (Prevention) Act, 1996 against the applicant.
6. Per contra, learned AGA submitted that the stage of the trial is in nature wherein the charges have already been framed but at the same time it is also admitted that consideration of the intermediary proceeding arising before this Court as well as by Hon'ble Apex Court has never been given any credence by learned concerned court.
7. After hearing the rival submissions extended by learned counsel for the parties, once the entire proceeding has already been set at rest vide order dated 02.05.2024 which has been later on corrected vide order dated 24.10.2024 passed by co-ordinate Bench of this Court in Application u/s 482 no. 4662 of 2018 and there is hardly any implication or trial available against the applicant on the basis of which proceedings under Section 2/3 of Gangster Act has already been proceeded against the applicant then there is hardly any scope available before the prosecution to pursue the trial and learned court concerned is proceeding in a futile exercise without considering the orders passed by co-ordinate Bench of this Court as well as by Hon'ble Apex Court.
8. In view of aforementioned observations, entire proceeding arising out of Case Crime no. 1597/2018 under Section 2/3 Gangster and Anti-Social Activities (Prevention) Act, 1986, PS- Noida Sector-20, District- Gautam Budh Nagar is hereby set aside only in respect of applicant herein.
9. The instant application stands allowed accordingly.
Order Date :- 28.4.2025 Shaswat