Neutral Citation No. - 2025:AHC-LKO:19456 Court No. - 14 Case :- APPLICATION U/S 482 No. - 11258 of 2024 Applicant :- Ram Manohar And 4 Others Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Lko. And Another Counsel for Applicant :- Shitla Prasad Tripathi Counsel for Opposite Party :- G.A.,Chandresh Mani Shukla Hon'ble Manish Kumar,J. 1. Sri Chandresh Mani Shukla, learned Advocate has put in appearance on behalf of Respondent No.2. 2. The present application under Section 528 of B.N.S.S. / 482 Cr.P.C. has been preferred with the following prayers: "to quash / set aside the summoning order dated 16.03.2021 as well as Charge Sheet No.01, dated 16.02.2021, arising out of Case Crime No.0115/2020, under Section 3(1) of the Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, Police Station - Sirsiya, District - Shrawasti, in Session Case No.172/2021 (State versus Banshilal and others), pending in the court of Learned Additional Sessions Jude / Fast Track Court (14th Finance Commission), Shrawasti, against the petitioners' as contained in Annexure No.1 and 2 to the petition. And it is further prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Sessions Case No.172/2021 (State Versus Banshilal and others), in Case Crime No.0115/2020, under Section 3(1) of the Uttar Pradesh Gangster and Anti Social Activities (Prevention Act, Police Station - Sirsiya, District - Shrawasti, pending in the court of Learned Additional Sessions Judge / Fast Track Court (14th Finance Commission), Shrawasti., 3. Learned counsel for the applicant has submitted that the F.I.R. dated 23.07.2020 was lodged against the applicants under Section 3(1) U.P. Gangster And Anti Social Activities (Prevention) Act, 1986 by the Respondent No.2 i.e. then Sub- Inspector of the concerned police station (by mistake it has been written as 'Sub-Inspector' but it is 'Inspector'). 4. It is further submitted that the gang-chart was prepared against the applicants on the basis of only one case i.e. Case Crime No.99/2020, under Sections 419, 420, 467, 468, 471, 406, 411 IPC and in pursuance thereof the present F.I.R. has been lodged. 5. It is further submitted that in pursuance of Case Crime No./ F.I.R. No. 99/2020, a Criminal Case No.5223 of 2020 was initiated against the applicants and the same was quashed by this Court by its judgement and order dated 22.10.2024, hence there is no material on record for the purposes of convicting the applicants under Section 3(1) of the U.P. Gangster And Anti Social Activities (Prevention) Act, 1986. 6. On the other hand learned A.G.A. and learned counsel for Respondent No.2 i.e. Inspector, who had lodged the F.I.R. have submitted that the gang- chart was prepared on the basis of Case Crime No.99 of 2020, in pursuance thereof the criminal case was initiated against the applicants, which was quashed by this Court by its judgement and order dated 22.10.2024, copy of which has been annexed as Annexure No.8 to the present application and unable to dispute the submissions made by the learned counsel for the applicants. 7. After hearing learned counsel for the parties and going through the record of the case, it is found that the very basis of applying the provisions of Gangster Act against the applicants i.e. Case No.99 of 2020 / Criminal Case No.5223 of 2020 before the trial court when the same has already been quashed by this Court by judgement and order dated 22.10.2024, then as of now there is nothing left against the applicants to proceed in the present criminal case as there is no material or basis available which may lead to conviction of the applicants. 8. In view of facts and the discussion made hereinabove, the impugned summoning order dated 16.03.2021 as well as Charge Sheet No.01, dated 16.02.2021, arising out of Case Crime No.0115/2020, under Section 3(1) of the Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, Police Station - Sirsiya, District - Shrawasti, in Session Case No.172/2021, is hereby quashed. 9. The application under Section 528 of B.N.S.S. / 482 Cr.P.C. is allowed. Order Date :- 7.4.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench