Neutral Citation No. - 2025:AHC-LKO:23038 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3461 of 2025 Applicant :- Patali @ Rahim Bux Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ajey Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant with the following prayer:- "WHEREFORE, it is most humble and respectfully prayed that this Hon'ble Court may kindly be pleased to Quash the impugned Charge Sheet Bearing No.01 of 2020 dated 06.02.2021 vide Case Crime No.0528/2020, U/S-3(1) U.P. Gangester Act. Police ation- Dargah Sharif, District- Bahraich and summoning order dated 15.02.2021 passed by The Learned Vth Additional District and Sessions Judge/Gangester Judge Bahraich in Case No.212 of 2021 (State Vs Azmat Ali @Bhoori and Others) and further proceedings of the case in pursuance thereof, pending in the Court of Learned Vth Additional District and Sessions Judge/Gangester Judge Bahraich in respect of petitioner only, in the interest of justice." 2. Brief facts of the case are that under the provisions of Gangster Act, an FIR dated 17.12.2020 has been lodged against the three accused persons including the applicant. As per the gang chart, in front of the name of the applicant, case crime no. 307/2020, under Sections 420, 467, 468 & 471 IPC has been mentioned, in which the charge sheet has already been filed. 3. Learned counsel for the applicant has submitted that the aforementioned case as shown against the applicant in the gang chart has been quashed by this Court by its judgment and order dated 30.11.2023 passed in APPLICATION U/S 482 No. 11672 of 2023, in pursuance of the compromise entered into between the parties of that case. Hence, there is no criminal case pending against the applicant on the basis of which the provisions of Gangster Act which was imposed against the applicant. 4. It is further submitted that one Sri Rasheed Khan, who is co-accused along with the applicant in the FIR lodged/registered under the provisions of Gangster Act, against whom the same case as against the applicant was shown and he had approached this Court in case crime no. 307/2020, which was allowed by this Court on the basis of compromise entered into between the parties. 5. It is further submitted that thereafter, Rasheed Khan had approached this Court by filing APPLICATION U/S No. 1149 of 2021 against the case registered under the provisions of Gangster Act and this Court has quashed the proceedings by placing reliance upon the decisions in the cases of Salim vs. State of U.P., (Allahabad) : 2019(12) ILR (Allahabad) 133, Sartaj vs. State of U.P. : 2020(111) ACrC 51 : 2020(1) ILR (Allahabad) 1659 and judgment dated 12.3.2019 in Criminal Revision No. 3309 of 2008 : Jai Prakash and others vs. State of U.P. wherein the consistent view of this Court is that since the proceedings under the Gangster Act are not the independent proceedings, therefore, implication and trial of the accused-applicant u/s 2/3 of Gangster Act was not justified if the criminal cases, so indicated in the gang- chart have either been quashed/set aside or in those cases the accused person has been acquitted. Hence, the applicant is also entitled for parity of the same judgment. 6. Learned AGA is unable to dispute the applicability of the judgment in the case of co-accused namely Rasheed Khan in the case of the applicant as also the submissions made by learned counsel for the applicant. 7. In view of above, the case of the applicant is covered by the judgment in the case of Rasheed Khan passed in the aforesaid Application U/S 482 Cr.P.C. and he is entitled for the benefit of the same. 8. Accordingly, the impugned chargesheet (Police Report) bearing no. 01 of 2020, dated 06.02.2021, vide Case Crime No. 0528 of 2020, under Sections 3(1) U.P. Gangster Act, Police Station-Dargah Sharif, District-Bahraich and order of cognizance and summoning order dated 15.02.2021 passed by learned Vth Additional District and Sessions Judge/Gangster Judge, Bahraich in Case No. 212 of 2021 (State Versus Azmat Ali alias Bhuri and others) and further proceedings of the case in pursuance thereof, pending in the court of learned Vth Additional District and Sessions Judge/Gangster Judge, Bahraich, are hereby quashed. 9. In the result, the application is allowed. Order Date :- 23.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench