Ram Daras Malviya and Another v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38058 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.

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

¶2This application has been preferred for quashing the charge-sheet dated

24.04.2025 along with cognizance/summoning order dated 09.07.2025 passed by learned Additional Session Judge, Sonbhadra and the entire proceedings of Session Case No.511 of 2025, arising out of Case Crime No.183 of 2025, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station-Robertsganj, District-Sonbhadra.

¶3Learned 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.514 of 2025, under Sections 8/20/29/60 of NDPS Act, in which discharge application has been preferred by applicants and the same has been allowed vide order dated 26.06.2025 by learned court concerned, the said order is annexed as Annexure No.5 to the affidavit. Learned counsel for applicants further submitted that once in the base case, the proceedings initiated against the applicants was quashed in shape of allowing the discharge application preferred at the behest of applicants, 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 or the applicants have already been acquitted in the same, 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 application and rebutted the stand taken up by learned counsel for applicants, but at the same he did not dispute the order dated 26.06.2025 passed by learned court concerned. Versus Counsel for Applicant(s) : Ankur Vishwakarma, Tanzila Parveen Counsel for Opposite Party(s) : G.A. Ram Daras Malviya And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)

¶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 the proceedings of predicate case has already been quashed in respect of applicants, charge-sheet dated

24.04.2025 along with cognizance/summoning order dated 09.07.2025 passed by learned Additional Session Judge, Sonbhadra and the entire proceedings of Session Case No.511 of 2025, arising out of Case Crime No.183 of 2025, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station-Robertsganj, District-Sonbhadra, are hereby quashed only in pursuance of applicants 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 applicants. September 26, 2025 Saif NA528 No. 38058 of 2025 (Saurabh Srivastava,J.) High Court of Judicature at Allahabad