Allahabad High Court
Mohd Waseem And Another vs State Of U.P. And Another on 7 August, 2025
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:133875 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 28818 of 2025 Applicant :- Mohd Waseem And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Sandeep Kumar Srivastava, learned counsel for applicant and learned A.G.A. on behalf of the State.
2. This application has been preferred for quashing charge sheet no. 408/2020 dated 05.12.2020 in Session Case no. 328/2021 arising out of Case Crime no. 253/2020 under Section 3(1) U.P.Gangster Act, PS- Didoli, District- J.P.Nagar (Amroha) (State vs. Guddu alias Nazim & others) pending in court of Additional Session Judge/Fast Track Court-II, J.P.Nagar (Amroha) as well as cognizance order dated 18.08.2021.
3. Learned counsel for the applicants submitted that the proceeding under the Gangster Act has been initiated against applicant on the basis of solitary case bearing Case Crime No.78 of 2020, under Sections 3/5/8 Cow Slaughter Act & 11 Animal Cruelty Act, Police Station Didoli, District J.P.Nagar (Amroha) wherein applicant has already been acquitted by learned Chief Judicial Magistrate, Amroha vide order dated 08.04.2025, copy of which is annexed as Annexure no. 2 to the affidavit. Learned counsel for applicants 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 under the Gangster Act and the entire process is unsustainable and liable to be set aside.
4. Per contra, learned A.G.A. vehemently opposed the prayer sought through the instant applicant but could not dispute the aforesaid facts.
5. 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].
6. In wake of the preceding discussion, since in base case applicants have been acquitted vide order dated 8.4.2025, entire proceedings of Session Case no. 328/2021 arising out of Case Crime no. 253/2020 under Section 3(1) U.P.Gangster Act, PS- Didoli, District- J.P.Nagar (Amroha) (State vs. Guddu alias Nazim & others) are hereby quashed only in pursuance of applicants namely Mohd. Waseem and Abdul Wazid.
7. The present application is, accordingly, allowed.
8. 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.
Order Date :- 7.8.2025 Shaswat