High Court · 2025

Hon'ble Saurabh Srivastava,J.

1. Heard Sri Manoj Kumar, learned counsel for the applicant and learned AGA for the State.

2. This application has been preferred to quash the impugned charge-sheet dated 08.11.2023 as well as summoning/cognizance order dated 09.11.2023 including the entire proceedings of Session Case No. 2763 of 2023 (State vs. Dr. Abhishek Yadav and others) arising out of Case Crime No. 262 of 2022, under section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Kotwali, District-Gorakhpur, pending in the Court of learned Additional District & Session Judge, Court No. 3/Special Judge (Gangster Act), Gorakhpur as well as to stay the further proceedings of abovementioned case.

3. At the very outset, learned counsel for the applicant sought the attention of the Court over initiation of the matter arising out of Case Crime No. 262 of 2022, wherein after conduction of detailed investigation, chargesheet has been submitted on 08.11.2023 against all the seven accused, whereupon cognizance of offence has been taken up by learned Court of Additional District & Session Judge, Court No. 3/Special Judge (Gangster Act), Gorakhpur vide order dated 09.11.2023 under Section 193 Cr.P.C. and all the seven accused have been summoned in pursuance to Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.

4. Being aggrieved with entire proceeding initiated in pursuance to Case Crime No. 262 of 2022 which has been registered as Session Case No. 2763 of 2023, three co-accused i.e. Dr. Manisha Yadav, Dr. Poonam Yadav and Shobhita Nandan Yadav, who have been the employee of the Institution in shape of Nursing Training Centre approached this Court for challenging base case, wherein chargesheet has been preferred but the same was rejected and thereafter order dated 23.08.2022 has been put under challenge before Hon'ble Supreme Court in Criminal Appeal @ SLP (Criminal) No. 3698 of 2025 with Criminal Appeal @ SLP (Criminal) No. 8922 of 2022 and the same was allowed in favour of the other three co-accused and the implication of the other co- accused has been determined as illegal by way of quashing the entire proceeding arising out of Case Crime No. 18 of 2015, wherein the applicant was also one of the co-accused, since he was rendering his services as a teacher in the same institution and at the same time, all the other chargesheets preferred in same incident, which was registered as different case crime numbers along with proceedings of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 initiated in pursuance to Case Crime No. 18 of 2015 and registered as Case Crime No. 262 of 2022 were also set-aside vide order dated 09.04.2024 passed by Hon'ble Supreme Court.

5. Learned counsel for the applicant submitted that same chargesheet in Case Crime No. 262 of 2022, wherein the applicant has been implicated, is put under challenge through the instant application, whereas in pursuance to Case Crime No. 76 of 2015 (old number)/27B of 2015 (new number) has already been put under challenge in Application U/s 482 No. 19814 of 2025, wherein interim protection has been extended until further orders passed by coordinate Bench of this Court vide order dated 30.05.2025.

6. It is fairly admitted by learned counsel for the applicant that at the time of passing order by coordinate Bench of this Court on 30.05.2025, order dated 09.04.2024 passed by Hon'ble Supreme Court was not in knowledge of the applicant. Later on, all the FIRs which has been instituted against all the accused, which were put under challenge by three co-accused before Hon'ble Supreme Court in Writ Petition (Criminal) No. 345 of 2024 under Article 32 of the Constitution of India and the entire proceeding has been quashed by Hon'ble Supreme Court vide order dated 19.03.2025.

7. Learned counsel for the applicant further submitted that once the adjudication has already been determined by Hon'ble Supreme Court in connection to the same case crime number, wherein the applicant has been implicated as one of the co-accused and the entire proceeding has already been set-aside in respect of other co- accused, there is no justification at the part of the prosecution to drag the applicant into unwarranted litigation which has already been determined as illegal by Hon'ble Apex Court.

8. Per contra, learned AGA submitted that the instant matter is not amenable before this Court and the applicant may approach to the Hon'ble Apex Court for seeking similar benefit as extended in favour of other co-accused in Criminal Appeal @ SLP (Criminal) No. 3698 of 2025, Criminal Appeal @ SLP (Criminal) No. 8922 of 2022 and Writ Petition (Criminal) No. 345 of 2024 decided on 19.03.2025.

9. After hearing rival submission extended by learned counsel for the parties, the argument raised by learned AGA is not convincing. Once the dictim pronounced by Hon'ble Supreme Court in terms of implication of other co-accused on the gravity of the same charges and assigned the similar role, it will be denial of justice by way of putting applicant to seek remedy before Hon'ble Supreme Court by way of challenging the orders which impugned to the instant application by way of filing appeal/writ.

10. The argument raised by learned counsel for the applicant is quite convincing and justified that once the pronouncement of Hon'ble Supreme Court is crystal clear in nature that no case has been made out by the prosecution and the proceeding initiated against other co-accused has already been quashed and set-aside, there is hardly any justification available for permitting the prosecution to proceed against applicant also.

11. In view of aforementioned facts and circumstances and in the light of the judgment dated 09.04.2024 passed by Hon'ble Supreme Court in Criminal Appeal @ SLP (Criminal) No. 8922 of 2022, the proceeding initiated in pursuance to Case Crime No. 262 of 2022 under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 are hereby set-aside.

12. The instant application stands allowed accordingly. Order Date :- 28.7.2025 Vivek Kr. VIVEK KUMAR High Court of Judicature at Allahabad

Hon'ble Saurabh Srivastava,J.

1. Heard Sri Manoj Kumar, learned counsel for the applicant and learned AGA for the State.

2. This application has been preferred to quash the impugned charge-sheet dated 08.11.2023 as well as summoning/cognizance order dated 09.11.2023 including the entire proceedings of Session Case No. 2763 of 2023 (State vs. Dr. Abhishek Yadav and others) arising out of Case Crime No. 262 of 2022, under section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Kotwali, District-Gorakhpur, pending in the Court of learned Additional District & Session Judge, Court No. 3/Special Judge (Gangster Act), Gorakhpur as well as to stay the further proceedings of abovementioned case.

3. At the very outset, learned counsel for the applicant sought the attention of the Court over initiation of the matter arising out of Case Crime No. 262 of 2022, wherein after conduction of detailed investigation, chargesheet has been submitted on 08.11.2023 against all the seven accused, whereupon cognizance of offence has been taken up by learned Court of Additional District & Session Judge, Court No. 3/Special Judge (Gangster Act), Gorakhpur vide order dated 09.11.2023 under Section 193 Cr.P.C. and all the seven accused have been summoned in pursuance to Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.

4. Being aggrieved with entire proceeding initiated in pursuance to Case Crime No. 262 of 2022 which has been registered as Session Case No. 2763 of 2023, three co-accused i.e. Dr. Manisha Yadav, Dr. Poonam Yadav and Shobhita Nandan Yadav, who have been the employee of the Institution in shape of Nursing Training Centre approached this Court for challenging base case, wherein chargesheet has been preferred but the same was rejected and thereafter order dated 23.08.2022 has been put under challenge before Hon'ble Supreme Court in Criminal Appeal @ SLP (Criminal) No. 3698 of 2025 with Criminal Appeal @ SLP (Criminal) No. 8922 of 2022 and the same was allowed in favour of the other three co-accused and the implication of the other co- accused has been determined as illegal by way of quashing the entire proceeding arising out of Case Crime No. 18 of 2015, wherein the applicant was also one of the co-accused, since he was rendering his services as a teacher in the same institution and at the same time, all the other chargesheets preferred in same incident, which was registered as different case crime numbers along with proceedings of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 initiated in pursuance to Case Crime No. 18 of 2015 and registered as Case Crime No. 262 of 2022 were also set-aside vide order dated 09.04.2024 passed by Hon'ble Supreme Court.

5. Learned counsel for the applicant submitted that same chargesheet in Case Crime No. 262 of 2022, wherein the applicant has been implicated, is put under challenge through the instant application, whereas in pursuance to Case Crime No. 76 of 2015 (old number)/27B of 2015 (new number) has already been put under challenge in Application U/s 482 No. 19814 of 2025, wherein interim protection has been extended until further orders passed by coordinate Bench of this Court vide order dated 30.05.2025.

6. It is fairly admitted by learned counsel for the applicant that at the time of passing order by coordinate Bench of this Court on 30.05.2025, order dated 09.04.2024 passed by Hon'ble Supreme Court was not in knowledge of the applicant. Later on, all the FIRs which has been instituted against all the accused, which were put under challenge by three co-accused before Hon'ble Supreme Court in Writ Petition (Criminal) No. 345 of 2024 under Article 32 of the Constitution of India and the entire proceeding has been quashed by Hon'ble Supreme Court vide order dated 19.03.2025.

7. Learned counsel for the applicant further submitted that once the adjudication has already been determined by Hon'ble Supreme Court in connection to the same case crime number, wherein the applicant has been implicated as one of the co-accused and the entire proceeding has already been set-aside in respect of other co- accused, there is no justification at the part of the prosecution to drag the applicant into unwarranted litigation which has already been determined as illegal by Hon'ble Apex Court.

8. Per contra, learned AGA submitted that the instant matter is not amenable before this Court and the applicant may approach to the Hon'ble Apex Court for seeking similar benefit as extended in favour of other co-accused in Criminal Appeal @ SLP (Criminal) No. 3698 of 2025, Criminal Appeal @ SLP (Criminal) No. 8922 of 2022 and Writ Petition (Criminal) No. 345 of 2024 decided on 19.03.2025.

9. After hearing rival submission extended by learned counsel for the parties, the argument raised by learned AGA is not convincing. Once the dictim pronounced by Hon'ble Supreme Court in terms of implication of other co-accused on the gravity of the same charges and assigned the similar role, it will be denial of justice by way of putting applicant to seek remedy before Hon'ble Supreme Court by way of challenging the orders which impugned to the instant application by way of filing appeal/writ.

10. The argument raised by learned counsel for the applicant is quite convincing and justified that once the pronouncement of Hon'ble Supreme Court is crystal clear in nature that no case has been made out by the prosecution and the proceeding initiated against other co-accused has already been quashed and set-aside, there is hardly any justification available for permitting the prosecution to proceed against applicant also.

11. In view of aforementioned facts and circumstances and in the light of the judgment dated 09.04.2024 passed by Hon'ble Supreme Court in Criminal Appeal @ SLP (Criminal) No. 8922 of 2022, the proceeding initiated in pursuance to Case Crime No. 262 of 2022 under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 are hereby set-aside.

12. The instant application stands allowed accordingly. Order Date :- 28.7.2025 Vivek Kr. VIVEK KUMAR High Court of Judicature at Allahabad