HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 11745 of 2024 Court No. - 90 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for the appellant and learned AGA for the State. 2. This appeal has been preferred against the order dated 27.9.2024 passed by learned Special Judge (Gangster Act), Court No. 3, Rampur, in Criminal Misc. Case No. 4. 2024 (Anwar Hussain vs. State of U.P.). By means of the impugned order, a reference made by the District Magistrate, Rampur, under Section 15(2) vide order dated 18.3.2024 has been approved by the learned court. 3. Learned counsel for the appellant has submitted that FIR bearing Case Crime No. 26 of 2023, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Kotwali, District Rampur was lodged against the appellant. After lodging of this FIR, District Magistrate, Rampur on basis of report dated 24.8.2023 and sanction order dated 18.9.2023 of Superintendent of Police, Rampur, has initiated proceedings under Section 14 (1) of U.P. Gangsters Act. The District Magistrate, Rampur vide its order dated 14.11.2023 has attached endeavour car of the appellant. Aggrieved by the attachment order, appellant filed their detailed representation under Section 15(1) of U.P. Gangsters Act before District Magistrate, Rampur on 29.1.2024 for release of property stating therein details, and mode of acquisition of the attached property. However, District Magistrate, rejected his application vide order dated 18.3.2024 and refused to release the attached property. He referred the matter to learned court under Section 16(1) of U.P. Gangsters Act, 1986 and learned trail court has also rejected the said application in Criminal Misc. Case No. 4. 2024 (Anwar Hussain vs. State of U.P.) vide impugned order dated 27.09.2024. 4. Learned counsel for the appellant has submitted that an application under Section 528 of BNSS No. 28420 of 2025 (Anwar Hussain vs. State of U.P. Versus Counsel for Appellant(s) : Imran Ullah, Mohammad Khalid Counsel for Respondent(s) : G.A. Anwar Hussain .....Appellant(s) State of U.P. .....Respondent(s) and another) was preferred by the appellant before this Court with a prayer to quash the charge sheet dated 26.1.2024 as well as the entire proceedings of S.S.T. No. 11.2024 (State v. Anwar Hussain and another) arising out of Case Crime No. 26 of 2023, under Section 3(1) of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986. This Court vide its order dated 13.8.2025 has quashed the entire proceedings arising out of Case Crime No. 26 of 2023, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Kotwali, District Rampur. It was further submitted that in the light of order dated 13.8.2025 passed by the Court in the above application under Section 528 BNSS, impugned order dated 27.9.2024 has become irrelevant and unsustainable. Accordingly, the impugned order should be set aside. 5. Learned AGA has not shown any objection and has conceded to the facts raised by the appellant. 6. Accordingly, the order dated 27.9.2024 passed by learned Special Judge (Gangster Act), Court No. 3, Rampur, in Criminal Misc. Case No. 4. 2024 (Anwar Hussain vs. State of U.P.) is hereby set aside and the appeal is allowed. August 29, 2025 Ujjawal CRLA No. 11745 of 2024 2 (Anil Kumar-X,J.) Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad