Neutral Citation No. - 2025:AHC-LKO:26969 Court No. - 30 Case :- APPLICATION U/S 482 No. - 3547 of 2025 Applicant :- Mohammad Shareef @ Mohammad Shareef Kureshi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Prashant Shukla,Mahendra Singh Chaodhary Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J. 1. Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. 2. The present application under Section 482 Cr.P.C. (Now Section 528 of B.N.S.S., 2023) has been filed on behalf of the applicant seeking following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge-sheet dated 29/05/2010 filed under Section-2 and 3 of the U.P. Gangster Act, contained as Annexure No.1 to this application arising of F.I.R. lodged as Case Crime No.966/2009 at Police Station-Dalmau, District Rae Bareli as well as the proceedings of Criminal Case No.313/2010 pending before the learned Additional Sessions Judge-V, Special Judge, Gangster Act, Rae Bareli, so far as it relates to the applicant only, in the interest of justice." 3. The contention of learned Counsel for the applicant is that the applicant is an innocent person and has been implicated in the present case solely on the basis of one case which was registered against him way back in the year 2009 bearing Crime No.774/2009 under Section 376 I.P.C., Police Station-Dalmau, District-Rae Bareli and in the aforesaid case, the applicant has been acquitted by the trial court on 28.11.2018 and the State Government has not filed any appeal against his acquittal in the aforesaid case. He further submits that in the present FIR, the allegations with regard to disturbing the public order as also regarding gaining undue temporal, pecuniary, material or other advantage of like nature against the applicant are vague. He further submits that in absence of allegation concerning an act or omission on the part of an accused, covered by the definition of term "gang" and "gangster" as provided under Section 2 of the U.P. Gangster Act, 1986 (Act, 1986), no FIR is maintainable. In the instant case, the FIR is based upon the pending criminal case and in that case also, the applicant has been acquitted and not upon any new allegations or discovery of facts having serious reflection on the society, for which purpose the Act, 1986 was enacted. 4. He also stated that the provisions of the Act, 1986 could not be used as a weapon to wreak vengeance or harass or intimidate citizens or to settle scores on political or other fronts. 5. It is further stated that based upon one criminal case, detailed herein-under, in the gang-chart the proceedings under the Act, 1986 were initiated against the applicant by lodging an F.I.R. No.966 of 2009 and thereafter the charge-sheet was filed without having any evidence to attract the offence under the Act, 1986. (i) Case Crime No.774 of 2009, under Section 120-B, 376 I.P.C., Police Station- Dalmau, District Raebareli. 6. It is also stated that in the proceedings related to above indicated criminal case the applicant has been acquitted vide order dated 28.11.2018. 7. It is further stated that recently the Hon'ble Apex Court in the case of Farhana Vs State of U.P. and others, reported in 2024 SCC Online SC 159 quashed the proceedings related to the provisions of the Act, 1986 on the ground that in the case based upon which proceedings under Act, 1986 were initiated was quashed by the High Court. The relevant paragraphs are as under:- "12. From a bare perusal of Section 2(b)(i) of the Gangsters Act, it would become apparent that the person alleged to be the member of the gang should be found indulging in anti-social activities which would be covered under the offences punishable under Chapters XVI, or XVII or XXII IPC. There is no dispute that the case set up by the prosecution against the appellants insofar as the offences under the Gangsters Act are concerned, is limited to Section 2(b)(i) reproduced supra and none of the other clauses of the provision have been pressed into service for the proposed prosecution. 13. Needless to say that for framing a charge for the offence under the Gangsters Act and for continuing the prosecution of the accused under the above provisions, the prosecution would be required to clearly state that the appellants are being prosecuted for any one or more offences covered by anti-social activities as defined under Section 2(b). 14. There being no dispute that in the proceedings of the sole FIR registered against the appellants for the offences under Chapter XVII IPC being Crime Case No. 173 of 2019, the appellants stand exonerated with the quashing of the said FIR by the High Court of Judicature at Allahabad by exercising the powers under Section 482 of Code of Criminal Procedure, 1973, vide order dated 3rd March, 2023 passed in Application No. 7228 of 2023. 15. Hence, the very foundation for continuing the prosecution of the appellants under the provisions of the Gangsters Act stands struck off and as a consequence, the continued prosecution of the appellants for the said offence is unjustified and tantamounts to abuse of the process of Court. 16. As a consequence of the discussion made herein above, the impugned orders dated 14th November, 2022 and 6th December, 2022 passed by the High Court of Judicature at Allahabad are quashed and set aside. Resultantly, the impugned FIR being Crime Case No.424 of 2022 for offence punishable under Section 3(1) of the Gangsters Act, registered at Police Station- Bhognipur, District- Kanpur Dehat and all the proceedings sought to be taken thereunder against the appellants are hereby quashed." 8. The case, basis of pending proceedings under the Act, 1986 against the applicant, mentioned in the gang chart and the fact that the applicant has already been acquitted in above indicated case by the trial court and also the observations made by the Honb'e Apex Court in the case of Farhana (supra) are not in dispute. 9. In the similar circumstances the Hon'ble Apex Court has quashed the proceedings initiated under the Act, 1986 and further, this Court vide orders dated 13.08.2019, 02.12.2023 and 17.01.2024 passed in APPLICATION U/S 482 No. 11645 of 2007 (Sartaj vs. State of U.P.), Criminal Misc. Writ Petition No. 18729 of 2023 (Asim @ Hassim vs. State of U.P. and another) and APPLICATION U/S 482 No. 358 of 2024 (Ramesh Kumar vs. State of U.P. and another) has also quashed the proceedings related to the Act, 1986. 10. Considering the aforesaid, this Court finds that interference in the matter is required. Accordingly, the entire proceedings of Criminal Case No.313/2010, pending before the Learned Additional Sessions Judge V, Special Judge, Gangster Act, Rae Bareli, arising out of Case Crime No.0966/2009, under Sections-2 and 3 of U.P. Gangsters Act, 1986, Police Station Dalmau, District - Raebareli are hereby quashed qua the applicant. 11. The instant application stands allowed in above terms. (Om Prakash Shukla, J.) Order Date :- 8.5.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench