Vishal Chandra v. State of U.P. and another) before this Court challenging the same proceeding, whe

HON'BLE SAURABH SRIVASTAVA, J.

1. Heard Sri Arvind Prabodh Dubey, learned counsel for applicant and learned AGA for State.

2. Present application has been preferred with the following prayers:- "... to quash the charge sheet dated 08.11.2023 and entire proceeding 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.Gangster and Anti-Social Activities (Prevention) Act, 1986, PS- Kotwali, District Gorakhpur as well as cognizance order dated 09.11.2023.."

3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused Vishal Chandra Tripathi preferred Application u/s 528 BNSS no. 18845 of 2025 (Vishal Chandra vs. State of U.P. and another) before this Court challenging the same proceeding, wherein pleadings were entertained by this Court and after due consideration judgment and order dated 26.05.2025 (Annexure no. 9) has been passed by this Court whereby entire proceeding has been quashed and set aside. It is submitted that instant application has been preferred at the behest of applicant who is also implicated in same Case Crime no. 262 of 2022 and the similar argument has been raised by learned counsel for applicant for challenging the said proceedings since applicant is on the same footing as that of co-accused Vishal Chandra.

4. Although, learned AGA opposed the prayer sought through instant application but did not disputed the fact in respect of judgment dated 26.05.2025. 2 NA528 No. 33805 of 2025

5. Order dated 26.05.2025 passed by this Court in Application u/s 528 BNSS no. 18845 of 2025 (Vishal Chandra vs. State of U.P. and another) is reproduced hereinbelow: "1. Heard Sri Arvind Prabodh Dubey, learned counsel for the applicant and learned AGA for the State.

2. This application under section 528 BNSS 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 ast 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 3 NA528 No. 33805 of 2025 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. 24063 of 2024, wherein interim protection has been extended untill further orders passed by coordinate Bench of this Court vide order dated

29.07.2024.

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 29.07.2024, 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 4 NA528 No. 33805 of 2025 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."

6. In view of foregoing discussion, parity of judgment and order dated 26.05.2025 is applicable in favour of applicant and as such in the light of 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 is hereby set aside in respect of applicant herein.

7. The instant application u/s 528 BNSS stands allowed accordingly. September 4, 2025 Shaswat (Saurabh Srivastava,J.) SHASWAT SINGH High Court of Judicature at Allahabad

HON'BLE SAURABH SRIVASTAVA, J.

1. Heard Sri Arvind Prabodh Dubey, learned counsel for applicant and learned AGA for State.

2. Present application has been preferred with the following prayers:- "... to quash the charge sheet dated 08.11.2023 and entire proceeding 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.Gangster and Anti-Social Activities (Prevention) Act, 1986, PS- Kotwali, District Gorakhpur as well as cognizance order dated 09.11.2023.."

3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused Vishal Chandra Tripathi preferred Application u/s 528 BNSS no. 18845 of 2025 (Vishal Chandra vs. State of U.P. and another) before this Court challenging the same proceeding, wherein pleadings were entertained by this Court and after due consideration judgment and order dated 26.05.2025 (Annexure no. 9) has been passed by this Court whereby entire proceeding has been quashed and set aside. It is submitted that instant application has been preferred at the behest of applicant who is also implicated in same Case Crime no. 262 of 2022 and the similar argument has been raised by learned counsel for applicant for challenging the said proceedings since applicant is on the same footing as that of co-accused Vishal Chandra.

4. Although, learned AGA opposed the prayer sought through instant application but did not disputed the fact in respect of judgment dated 26.05.2025. 2 NA528 No. 33805 of 2025

5. Order dated 26.05.2025 passed by this Court in Application u/s 528 BNSS no. 18845 of 2025 (Vishal Chandra vs. State of U.P. and another) is reproduced hereinbelow: "1. Heard Sri Arvind Prabodh Dubey, learned counsel for the applicant and learned AGA for the State.

2. This application under section 528 BNSS 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 ast 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 3 NA528 No. 33805 of 2025 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. 24063 of 2024, wherein interim protection has been extended untill further orders passed by coordinate Bench of this Court vide order dated

29.07.2024.

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 29.07.2024, 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 4 NA528 No. 33805 of 2025 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."

6. In view of foregoing discussion, parity of judgment and order dated 26.05.2025 is applicable in favour of applicant and as such in the light of 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 is hereby set aside in respect of applicant herein.

7. The instant application u/s 528 BNSS stands allowed accordingly. September 4, 2025 Shaswat (Saurabh Srivastava,J.) SHASWAT SINGH High Court of Judicature at Allahabad