Neutral Citation No. - 2025:AHC:46560 Court No. - 74 Case :- APPLICATION U/S 482 No. - 43636 of 2024 Applicant :- Brijesh Sharma @ Dabbu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Srivastav,Rajesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Gaurav Srivastav, learned counsel for the applicant and learned A.G.A. for the State. 2. This application under section 482 Cr.P.C. has been preferred to quash the impugned charge-sheet dated 02.06.2013 along with cognizance order dated 12.07.2013 and the entire proceedings of G.S.T. No.55 of 2013 (State vs. Vinay @ Billu & others) under Sections 2/3 of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986 arising out of Case Crime No.248 of 2023, P.S. Hari Parwat, District- Agra, pending in the Court of learned Special Judge (Gangster Act), Agra as well as to stay the further proceedings of abovementioned case. 3. Learned counsel for the applicant submitted that in the gang chart, two criminal cases have been shown against the applicant i.e. Case Crime No.802 of 2012, under Sections 307, 120B I.P.C. and Case Crime No.108 of 2013, under section 25 of Arms Act; out of which in Case Crime No.802 of 2012, the applicant has already been acquitted by learned court concerned vide order dated 05.12.2020, the said order has been appended as Annexure No.7 to the affidavit filed in support of instant application. 4. As far as the Case Crime No.108 of 2013 is concerned wherein the charge-sheet has been preferred under section 25 of Arms Act, it is settled law that the gangster proceedings would not continue based upon the charge-sheet filed under section 25 of Arms Act and as such the proceedings initiated against the applicant under Gangster Act is liable to be quashed. For substantiating his submission, learned counsel for the applicant sought the attention of Court over the provision of Section 2(b)(xxii) of Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986, the same is reproduced herein under :- "Section 2(b) in The Uttar Pradesh Gangsters And Anti-Social Activities (Prevention) Act, 1986 (b)"Gang" means a group of persons, who acting either singly or collectively, by violence, or threat or show of violence, or intimidation, or coercion, or otherwise with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person, indulge in antisocial activities, namely: (i) ...... (ii) ....... ........................ (xxii) involving in manufacture, sale and transportation of arms and ammunition in contravention of Sections 5, 7 and 12 of the Arms Act, 1959;" 4. Per contra, learned AGA vehemently opposed the prayer as made in the application, but could not dispute the above facts and the provisions of Gangster Act as mentioned by learned counsel for the applicant. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, it is crystal clear that once in the cases which is mentioned in the gang chart against the applicant, he has been acquitted by learned court concerned as well as the fact that the other case mentioned in the gang chart is related to section 25 of Arms Act, which does not fall under the category of criminal cases for initiating proceedings under Gangster Act, then the proceedings of Gangster Act initiated against the applicant is not sustainable in the eye of law. 6. In view of aforementioned facts and circumstances, the proceedings of G.S.T. No.55 of 2013 (State vs. Vinay @ Billu & others) under Sections 2/3 of the Uttar Pradesh Gangster and Anti- Social Activities (Prevention) Act, 1986 arising out of Case Crime No.248 of 2023, P.S. Hari Parwat, District- Agra, pending in the Court of learned Special Judge (Gangster Act), is hereby quashed and set-aside. 7. Accordingly, the application u/s 482 Cr.P.C. is allowed. Order Date :- 3.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad