State of U.P v. Chandrma Singh Yadav and others

Applicant :- Shailesh Kumar Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.

1. Heard Sri Ankit Srivastava, learned counsel for applicant and learned AGA for State.

2. Present application has been preferred with the following prayers: "a. quash the entire proceeding of Session Case no. 14 of 2025 arising out of Case Crime no. 999 of 2020 "State of U.P. vs. Chandrma Singh Yadav and others" under Section 2/3 of U.P.Gangster Act and Anti-Social Activities (Prevention) Act, 1986, PS- Soraon, District Prayagraj pending in court of learned Special Judge, Gangster Act, Prayagraj/Additional District Judge, Court no. 16, Prayagraj. b. quash the entire supplementary charge sheet no. 302B of 2021 dated 24.06.2025 submitted in Case Crime no. 999 of 2020 "State of U.P. vs. Chandrma Singh Yadav and others" under Section 2/3 of U.P.Gangster Act and Anti-Social Activities (Prevention) Act, 1986, PS- Soraon, District Prayagraj. c. set aside the order dated 25.07.2025, whereby learned court of "Special Judge, Gangster Act, Prayagraj/Additional District Judge, Court no. 16, Prayagraj" took cognizance of offence and issued summons against the applicant in Session Case no. 14 of 2025 arising out of Case Crime no. 999 of 2020 under Section 2/3 of U.P.Gangster Act and Anti-Social Activities (Prevention) Act, 1986."

3. Learned counsel for applicant submitted that on dated 04.06.2020 one FIR was registered as Case Crime no. 426 of 2020 under sections 406, 419, 420, 467, 468, 471 of IPC, PS- Soraon, District Prayagraj (hereinafter referred to as "base case"), against 8 named accused persons, wherein applicant was not named. In the said base case, charge sheet dated 01.09.2020 was submitted against 12 persons, wherein applicant was not charge sheeted, although investigation was kept pending against him and others. Opposite party no. 2/concerned Inspector In-charge of Police Station Soraon, District Prayagraj, on dated 13.10.2020 on the basis of gang-chart dated 08.10.2020, lodged the present FIR bearing Case Crime no. 999 of 2020 under Section 2/3 of Gangsters Act against 12 persons who have been charge sheeted in base case. Applicant was neither named in the gang-chart dated 08.10.2020 nor in the present FIR.

4. It is next submitted that during course of investigation of base case, name of applicant surfaced in statement of co-accused and supplementary charge sheet dated 22.10.2020 was submitted against the applicant and 8 other accused persons whereupon learned Magistrate concerned issued summon against applicant vide order dated 27.10.2020. Being aggrieved with order dated 27.10.2020, applicant preferred Crl. Misc. Application no. 12995 of 2025 under Section 528 BNSS before this Court, wherein vide order dated 18.04.2025 passed by this Court, the petition has been partly allowed and order dated 27.10.2020 was quashed and matter was remitted back for taking cognizance afresh, if required. In pursuance to order dated 18.04.2025 passed by this Court, learned Magistrate concerned vide order dated 02.05.2025 observed that the material available on record is not sufficient to take cognizance against applicant and the said order attained finality as the same was never challenged before any court.

5. When the supplementary charge sheet dated 22.10.2020 has been filed in the base case, then in the present FIR, the authorities got another supplementary gang-chart approved by the District Magistrate on dated 06.03.2021 and falsely implicated the applicant in the present FIR bearing Case Crime no. 999 of 2020 and supplementary charge sheet dated 24.06.2025 was filed in the present case whereupon learned court concerned took cognizance vide impugned order dated 25.07.2025 which has been challenged through instant application.

6. It is contended by learned counsel for applicant that once learned trial court vide order dated 02.05.2025 observed that there was no sufficient material to prosecute applicant, therefore the sole base case bearing Case Crime no. 426 of 2020 seized to exist against the applicant. Present proceeding has been initiated under Gangster Act on the basis of solitary case wherein applicant stands free vide order dated 02.05.2025, therefore the very foundation case for continuing the prosecution against the applicant under the provisions of Gangster Act stands vanished so the continuation of present impugned proceeding is nothing but an abuse of process of law. Further it is also argued that there is no material evidence to this effect that any point of time, the applicant indulged in anti- social activities covered under Chapter XVI, XVII and XII, in order to bring him within the purview of Section 2(b)(i) of Gangster Act.

7. Per contra, learned AGA although vehemently opposed the prayer sought through instant application but could not dispute the aforesaid arguments.

8. After hearing rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that once applicant has already been discharged vide order dated 02.05.2025 passed by learned trial court in base case bearing Case Crime no. 426 of 2020, there is no occasion available before the prosecution to prosecute applicant in the present proceeding bearing Case Crime no. 999 of 2020 under Section 2/3 of U.P.Gangster Act and Anti-Social Activities (Prevention) Act, 1986 which has been registered against applicant on the basis of solitary base case bearing Case Crime no. 426 of 2020. Therefore, present proceeding initiated against applicant under Gangster Act is not sustainable and is liable to be quashed.

9. In view of foregoing discussions, entire proceeding arising out of Session Case no. 14 of 2025 arising out of Case Crime no. 999 of 2020 "State of U.P. vs. Chandrma Singh Yadav and others" under Section 2/3 of U.P.Gangster Act and Anti-Social Activities (Prevention) Act, 1986, PS- Soraon, District Prayagraj is hereby quashed and set aside only in respect of applicant namely Shailesh Kumar Patel.

10. The present application is, accordingly, allowed.

11. 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 applicant. Order Date :- 22.8.2025 Shaswat SHASWAT SINGH High Court of Judicature at Allahabad

Applicant :- Shailesh Kumar Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.

1. Heard Sri Ankit Srivastava, learned counsel for applicant and learned AGA for State.

2. Present application has been preferred with the following prayers: "a. quash the entire proceeding of Session Case no. 14 of 2025 arising out of Case Crime no. 999 of 2020 "State of U.P. vs. Chandrma Singh Yadav and others" under Section 2/3 of U.P.Gangster Act and Anti-Social Activities (Prevention) Act, 1986, PS- Soraon, District Prayagraj pending in court of learned Special Judge, Gangster Act, Prayagraj/Additional District Judge, Court no. 16, Prayagraj. b. quash the entire supplementary charge sheet no. 302B of 2021 dated 24.06.2025 submitted in Case Crime no. 999 of 2020 "State of U.P. vs. Chandrma Singh Yadav and others" under Section 2/3 of U.P.Gangster Act and Anti-Social Activities (Prevention) Act, 1986, PS- Soraon, District Prayagraj. c. set aside the order dated 25.07.2025, whereby learned court of "Special Judge, Gangster Act, Prayagraj/Additional District Judge, Court no. 16, Prayagraj" took cognizance of offence and issued summons against the applicant in Session Case no. 14 of 2025 arising out of Case Crime no. 999 of 2020 under Section 2/3 of U.P.Gangster Act and Anti-Social Activities (Prevention) Act, 1986."

3. Learned counsel for applicant submitted that on dated 04.06.2020 one FIR was registered as Case Crime no. 426 of 2020 under sections 406, 419, 420, 467, 468, 471 of IPC, PS- Soraon, District Prayagraj (hereinafter referred to as "base case"), against 8 named accused persons, wherein applicant was not named. In the said base case, charge sheet dated 01.09.2020 was submitted against 12 persons, wherein applicant was not charge sheeted, although investigation was kept pending against him and others. Opposite party no. 2/concerned Inspector In-charge of Police Station Soraon, District Prayagraj, on dated 13.10.2020 on the basis of gang-chart dated 08.10.2020, lodged the present FIR bearing Case Crime no. 999 of 2020 under Section 2/3 of Gangsters Act against 12 persons who have been charge sheeted in base case. Applicant was neither named in the gang-chart dated 08.10.2020 nor in the present FIR.

4. It is next submitted that during course of investigation of base case, name of applicant surfaced in statement of co-accused and supplementary charge sheet dated 22.10.2020 was submitted against the applicant and 8 other accused persons whereupon learned Magistrate concerned issued summon against applicant vide order dated 27.10.2020. Being aggrieved with order dated 27.10.2020, applicant preferred Crl. Misc. Application no. 12995 of 2025 under Section 528 BNSS before this Court, wherein vide order dated 18.04.2025 passed by this Court, the petition has been partly allowed and order dated 27.10.2020 was quashed and matter was remitted back for taking cognizance afresh, if required. In pursuance to order dated 18.04.2025 passed by this Court, learned Magistrate concerned vide order dated 02.05.2025 observed that the material available on record is not sufficient to take cognizance against applicant and the said order attained finality as the same was never challenged before any court.

5. When the supplementary charge sheet dated 22.10.2020 has been filed in the base case, then in the present FIR, the authorities got another supplementary gang-chart approved by the District Magistrate on dated 06.03.2021 and falsely implicated the applicant in the present FIR bearing Case Crime no. 999 of 2020 and supplementary charge sheet dated 24.06.2025 was filed in the present case whereupon learned court concerned took cognizance vide impugned order dated 25.07.2025 which has been challenged through instant application.

6. It is contended by learned counsel for applicant that once learned trial court vide order dated 02.05.2025 observed that there was no sufficient material to prosecute applicant, therefore the sole base case bearing Case Crime no. 426 of 2020 seized to exist against the applicant. Present proceeding has been initiated under Gangster Act on the basis of solitary case wherein applicant stands free vide order dated 02.05.2025, therefore the very foundation case for continuing the prosecution against the applicant under the provisions of Gangster Act stands vanished so the continuation of present impugned proceeding is nothing but an abuse of process of law. Further it is also argued that there is no material evidence to this effect that any point of time, the applicant indulged in anti- social activities covered under Chapter XVI, XVII and XII, in order to bring him within the purview of Section 2(b)(i) of Gangster Act.

7. Per contra, learned AGA although vehemently opposed the prayer sought through instant application but could not dispute the aforesaid arguments.

8. After hearing rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that once applicant has already been discharged vide order dated 02.05.2025 passed by learned trial court in base case bearing Case Crime no. 426 of 2020, there is no occasion available before the prosecution to prosecute applicant in the present proceeding bearing Case Crime no. 999 of 2020 under Section 2/3 of U.P.Gangster Act and Anti-Social Activities (Prevention) Act, 1986 which has been registered against applicant on the basis of solitary base case bearing Case Crime no. 426 of 2020. Therefore, present proceeding initiated against applicant under Gangster Act is not sustainable and is liable to be quashed.

9. In view of foregoing discussions, entire proceeding arising out of Session Case no. 14 of 2025 arising out of Case Crime no. 999 of 2020 "State of U.P. vs. Chandrma Singh Yadav and others" under Section 2/3 of U.P.Gangster Act and Anti-Social Activities (Prevention) Act, 1986, PS- Soraon, District Prayagraj is hereby quashed and set aside only in respect of applicant namely Shailesh Kumar Patel.

10. The present application is, accordingly, allowed.

11. 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 applicant. Order Date :- 22.8.2025 Shaswat SHASWAT SINGH High Court of Judicature at Allahabad