State v. Sageer Ahmad and Others

"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash of entire criminal proceeding of the Gangster Case No. 2498/2023, arising out of Case Crime No. 0065/2023, Under Section 3[1] U.P. Gangster and Anti Social Activities [Prevention) Act, 1986, Police Station- Masauli, District- Barabanki "State Versus Sageer Ahmad and Others" pending before Special Judge Gangster Act/Additional District and Session Judge Court No.9 Barabanki and cognizance and summoning order dated 20.12.2023 passed by the learned Special Judge Gangster Act/ Additional District and Session Judge Court No.9 Barabanki and chargesheet bearing no.257/2023 dated 31.10.2023 contained as Annexure No. 1 & 2 to this application to secure the end of justice."

3. The submission of learned counsel for the applicant is that the applicant is innocent and he has falsely been implicated in the instant case.

4. He further stated that in F.I.R., in issue, the allegations with regard to disturbing the public order as also regarding gaining undue temporal, pecuniary, material or other advantage of like nature against the applicant are vague. Further, stated that in absence of allegation concerning an act or omission on the part of an accused, covered by the definition of term "gang" and "gangster" as provided under Section 2 of the Act, no FIR is maintainable. In the instant case, the FIR is based upon the pending criminal case(s) and not upon any new allegation(s) or discovery of fact(s) having serious reflection on the society, for which purpose the Act was enacted.

5. He also stated that the provisions of the Act could not be used as a weapon to wreak vengeance or harass or intimidate citizens or to settle scores on political or other fronts.

6. He also stated that in this case, it appears that the District Administration in order to show good work or to win laurels or seek appreciation from the higher authorities of Government or ruling party has invoked the provisions of the Act, which is unjustified.

7. It is further stated that based upon two criminal cases, detailed herein-under, in the gang-chart the proceedings under the Act of 1986 were initiated against the applicant by lodging an F.I.R. No.0065 of 2023 and thereafter the charge-sheet was filed without having any evidence to attract the offense under the Act of 1986. (i) Case Crime No.610 of 2022, under Section 2/3 of Prevention of Damages of Public Property Act and Section 447 I.P.C., Police Station- Masauli, District Barabanki.

8. It is also stated that the proceedings related to above indicated criminal case have already been quashed by this Court vide order dated 10.01.2025.

9. It is further stated that recently the Hon'ble Apex Court in the case of Farhana Vs State of U.P. and others, reported in 2024 SCC Online SC 159 quashed the proceedings related to the provisions of the Act of 1986 on the ground that in the case based upon which proceedings under Act of 1986 were initiated was quashed by the High Court. The relevant paragraphs are as under:- "12. From a bare perusal of Section 2(b)(i) of the Gangsters Act, it would become apparent that the person alleged to be the member of the gang should be found indulging in anti-social activities which would be covered under the offences punishable under Chapters XVI, or XVII or XXII IPC. There is no dispute that the case set up by the prosecution against the appellants insofar as the offences under the Gangsters Act are concerned, is limited to Section 2(b)(i) reproduced supra and none of the other clauses of the provision have been pressed into service for the proposed prosecution.

13. Needless to say that for framing a charge for the offence under the Gangsters Act and for continuing the prosecution of the accused under the above provisions, the prosecution would be required to clearly state that the appellants are being prosecuted for any one or more offences covered by anti-social activities as defined under Section 2(b).

14. There being no dispute that in the proceedings of the sole FIR registered against the appellants for the offences under Chapter XVII IPC being Crime Case No. 173 of 2019, the appellants stand exonerated with the quashing of the said FIR by the High Court of Judicature at Allahabad by exercising the powers under Section 482 of Code of Criminal Procedure, 1973, vide order dated 3rd March, 2023 passed in Application No. 7228 of 2023.

15. Hence, the very foundation for continuing the prosecution of the appellants under the provisions of the Gangsters Act stands struck off and as a consequence, the continued prosecution of the appellants for the said offence is unjustified and tantamounts to abuse of the process of Court.

16. As a consequence of the discussion made herein above, the impugned orders dated 14th November, 2022 and 6th December, 2022 passed by the High Court of Judicature at Allahabad are quashed and set aside. Resultantly, the impugned FIR being Crime Case No.424 of 2022 for offence punishable under Section 3(1) of the Gangsters Act, registered at Police Station- Bhognipur, District- Kanpur Dehat and all the proceedings sought to be taken thereunder against the appellants are hereby quashed."

10. The case(s), basis of pending proceedings under the Act of 1986 against the applicant, mentioned in the gang chart and the fact that the proceedings related to above indicated case(s) have already been quashed by this Court and also the observations made by the Honb'e Apex Court in the case of Farhana (supra) are not in dispute.

11. In the similar circumstances the Hon'ble Apex Court has quashed the proceedings initiated under the Act of 1986 and further, this Court vide orders dated 13.08.2019, 02.12.2023 and 17.01.2024 passed in APPLICATION U/S 482 No. 11645 of 2007 (Sartaj vs. State of U.P.), Criminal Misc. Writ Petition No. 18729 of 2023 (Asim @ Hassim vs. State of U.P. and another) and APPLICATION U/S 482 No. 358 of 2024 (Ramesh Kumar vs. State of U.P. and another) has also quashed the proceedings related to the Act of 1986.

12. Considering the aforesaid, this Court finds that interference in the matter is required. Accordingly, the entire proceedings of Criminal Case No.2498 of 2023, arising out of FIR/Case Crime No.0065 of 2023, under Sections 3(1) of the Act of 1986, Police Station- Masauli, District Barabanki, pending before the Court of Special Judge Gangster Act/Additional District & Session Judge, Court No.9, Barabanki, are hereby quashed.

13. The instant application stands allowed in above terms. Order Date :- 30.1.2025 Anand/-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash of entire criminal proceeding of the Gangster Case No. 2498/2023, arising out of Case Crime No. 0065/2023, Under Section 3[1] U.P. Gangster and Anti Social Activities [Prevention) Act, 1986, Police Station- Masauli, District- Barabanki "State Versus Sageer Ahmad and Others" pending before Special Judge Gangster Act/Additional District and Session Judge Court No.9 Barabanki and cognizance and summoning order dated 20.12.2023 passed by the learned Special Judge Gangster Act/ Additional District and Session Judge Court No.9 Barabanki and chargesheet bearing no.257/2023 dated 31.10.2023 contained as Annexure No. 1 & 2 to this application to secure the end of justice."

3. The submission of learned counsel for the applicant is that the applicant is innocent and he has falsely been implicated in the instant case.

4. He further stated that in F.I.R., in issue, the allegations with regard to disturbing the public order as also regarding gaining undue temporal, pecuniary, material or other advantage of like nature against the applicant are vague. Further, stated that in absence of allegation concerning an act or omission on the part of an accused, covered by the definition of term "gang" and "gangster" as provided under Section 2 of the Act, no FIR is maintainable. In the instant case, the FIR is based upon the pending criminal case(s) and not upon any new allegation(s) or discovery of fact(s) having serious reflection on the society, for which purpose the Act was enacted.

5. He also stated that the provisions of the Act could not be used as a weapon to wreak vengeance or harass or intimidate citizens or to settle scores on political or other fronts.

6. He also stated that in this case, it appears that the District Administration in order to show good work or to win laurels or seek appreciation from the higher authorities of Government or ruling party has invoked the provisions of the Act, which is unjustified.

7. It is further stated that based upon two criminal cases, detailed herein-under, in the gang-chart the proceedings under the Act of 1986 were initiated against the applicant by lodging an F.I.R. No.0065 of 2023 and thereafter the charge-sheet was filed without having any evidence to attract the offense under the Act of 1986. (i) Case Crime No.610 of 2022, under Section 2/3 of Prevention of Damages of Public Property Act and Section 447 I.P.C., Police Station- Masauli, District Barabanki.

8. It is also stated that the proceedings related to above indicated criminal case have already been quashed by this Court vide order dated 10.01.2025.

9. It is further stated that recently the Hon'ble Apex Court in the case of Farhana Vs State of U.P. and others, reported in 2024 SCC Online SC 159 quashed the proceedings related to the provisions of the Act of 1986 on the ground that in the case based upon which proceedings under Act of 1986 were initiated was quashed by the High Court. The relevant paragraphs are as under:- "12. From a bare perusal of Section 2(b)(i) of the Gangsters Act, it would become apparent that the person alleged to be the member of the gang should be found indulging in anti-social activities which would be covered under the offences punishable under Chapters XVI, or XVII or XXII IPC. There is no dispute that the case set up by the prosecution against the appellants insofar as the offences under the Gangsters Act are concerned, is limited to Section 2(b)(i) reproduced supra and none of the other clauses of the provision have been pressed into service for the proposed prosecution.

13. Needless to say that for framing a charge for the offence under the Gangsters Act and for continuing the prosecution of the accused under the above provisions, the prosecution would be required to clearly state that the appellants are being prosecuted for any one or more offences covered by anti-social activities as defined under Section 2(b).

14. There being no dispute that in the proceedings of the sole FIR registered against the appellants for the offences under Chapter XVII IPC being Crime Case No. 173 of 2019, the appellants stand exonerated with the quashing of the said FIR by the High Court of Judicature at Allahabad by exercising the powers under Section 482 of Code of Criminal Procedure, 1973, vide order dated 3rd March, 2023 passed in Application No. 7228 of 2023.

15. Hence, the very foundation for continuing the prosecution of the appellants under the provisions of the Gangsters Act stands struck off and as a consequence, the continued prosecution of the appellants for the said offence is unjustified and tantamounts to abuse of the process of Court.

16. As a consequence of the discussion made herein above, the impugned orders dated 14th November, 2022 and 6th December, 2022 passed by the High Court of Judicature at Allahabad are quashed and set aside. Resultantly, the impugned FIR being Crime Case No.424 of 2022 for offence punishable under Section 3(1) of the Gangsters Act, registered at Police Station- Bhognipur, District- Kanpur Dehat and all the proceedings sought to be taken thereunder against the appellants are hereby quashed."

10. The case(s), basis of pending proceedings under the Act of 1986 against the applicant, mentioned in the gang chart and the fact that the proceedings related to above indicated case(s) have already been quashed by this Court and also the observations made by the Honb'e Apex Court in the case of Farhana (supra) are not in dispute.

11. In the similar circumstances the Hon'ble Apex Court has quashed the proceedings initiated under the Act of 1986 and further, this Court vide orders dated 13.08.2019, 02.12.2023 and 17.01.2024 passed in APPLICATION U/S 482 No. 11645 of 2007 (Sartaj vs. State of U.P.), Criminal Misc. Writ Petition No. 18729 of 2023 (Asim @ Hassim vs. State of U.P. and another) and APPLICATION U/S 482 No. 358 of 2024 (Ramesh Kumar vs. State of U.P. and another) has also quashed the proceedings related to the Act of 1986.

12. Considering the aforesaid, this Court finds that interference in the matter is required. Accordingly, the entire proceedings of Criminal Case No.2498 of 2023, arising out of FIR/Case Crime No.0065 of 2023, under Sections 3(1) of the Act of 1986, Police Station- Masauli, District Barabanki, pending before the Court of Special Judge Gangster Act/Additional District & Session Judge, Court No.9, Barabanki, are hereby quashed.

13. The instant application stands allowed in above terms. Order Date :- 30.1.2025 Anand/-