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2025 DAILYLAW 100399 (ALL)

RAJA CHAUBE v. STATE OF U.P. AND ANOTHER

NA528/37338/2025 · 2025-09-23

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37338 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing the charge-sheet dated 20.05.2025, cognizance/summoning order dated 13.08.2025 passed by learned Special Judge, Gangster Act, Sonbhadra and the entire proceedings of Session Case No.658 of 2025 (State vs. Pappu Pal @ Satyaprakash Pal and Others) arising out of Case Crime No.02 of 2025, under section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Robertsganj, District- Sonbhadra. 3. Learned counsel for the applicant submitted that the proceeding under the Gangster Act has been initiated against applicant on the basis of solitary case bearing Case Crime No.158 of 2024, under sections 379, 411, 420, 467, 468, 471, 120B IPC read with sections 3/58/72 U.P. Minor Minerals (Concession) Rules, 1963 and sections 4/21 of Mines and Minerals (Development and Regulation) Act, 1957 and section 3 of Prevention of Damages to Public Property Act, 1984. In the said case, entire proceedings initiated against the applicant has already been quashed by this Court vide order dated 23.08.2025 in Application u/s 482 Cr.P.C. No.41526 of 2024, the said order is annexed as Annexure No.8 to the affidavit. Learned counsel for applicant further submitted that once in the base case, the proceedings has already been quashed in respect of applicant, the instant proceeding under the Gangster Act cannot be drawn. In support of his submission, learned counsel for applicant 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 Versus Counsel for Applicant(s) : Anurodh Tripathi, Pulak Ganguly Counsel for Opposite Party(s) : G.A. Raja Chaube .....Applicant(s) State of U.P. and Another .....Opposite Party(s) stated that once the base case is already quashed or the applicant has 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. 4. Per contra, learned A.G.A. vehemently opposed the prayer sought through the instant application and rebutted the stand taken up by learned counsel for applicant, but at the same he did not dispute the order dated 23.08.2025 passed by this Court. 5. After 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]. 6. In wake of the preceding discussion, since the proceeding of base case has already been quashed, charge-sheet dated 20.05.2025, cognizance/summoning order dated 13.08.2025 passed by learned Special Judge, Gangster Act, Sonbhadra and the entire proceedings of Session Case No.658 of 2025 (State vs. Pappu Pal @ Satyaprakash Pal and Others) arising out of Case Crime No.02 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 applicant herein. 7. The present application is, accordingly, allowed. 8. 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. September 24, 2025 Saif NA528 No. 37338 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad