Neutral Citation No. - 2025:AHC:111039 Court No. - 77 Case :- APPLICATION U/S 482 No. - 7100 of 2024 Applicant :- Vipin Yadav Vipin Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dileep Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned A.G.A. for State. 2. This application has been preferred for quashing the charge- sheet dated 30.11.2023, cognizance/summoning order dated 11.01.2024 as well as the entire proceedings of Special Case No.84 of 2024 (State Vs. Sunil Kumar and others), arising out of Case Crime No.396 of 2022, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Madhuban Bapudham, District- Ghaziabad, pending in the court of learned Additional District Judge, Court No.12/Special Judge, Gangster Act, Ghaziabad. 3. Learned counsel for the applicant submitted that the proceeding under the Gangster Act has been initiated against applicant on the basis of solitary case bearing Case Crime No.666 of 2021, under Sections 420, 120B I.P.C. and Sections 60, 63, 72 of Excise Act, Police Station- Madhuban Bapudham, District- Ghaziabad. In the said case, proceeding has been stayed against the applicant by co- ordinate Bench of this Court vide order dated 28.11.2023 passed in Application u/s 482 Cr.P.C. No.39007 of 2023, the said order is appended as Annexure No.14 to the affidavit filed in support of this application. Learned counsel for applicant further submitted that once in the base case applicant has been granted interim protection, the instant proceeding under the Gangster Act cannot be drawn. 4. Per contra, learned A.G.A. vehemently opposed the prayer sought through the instant application and rebutted the stand taken up by learned counsel for applicant, but at the same he did not dispute the order dated 28.11.2023 passed by co-ordinate Bench of this Court. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of records, the arguments raised by learned counsel for applicant seems to be justified that once the veracity, sanctity and genuineness along with legality of the Case Crime No.666 of 2021 is still to be sanctified by co-ordinate Bench of this Court, wherein the entire proceedings has already been stayed, there is hardly any justification available with the prosecution to initiate proceedings against the applicant under the Gangster Act. 6. Fate of the instant matter shall be subject to outcome of the Application u/s 482 Cr.P.C. No.39007 of 2023 (Vipin Kumar Yadav vs. State of U.P. and Another) and till the final decision of the above-mentioned matter, no proceedings can be initiated against the applicant in pursuance to Case Crime No.396 of 2022, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Madhuban Bapudham, District- Ghaziabad. 7. In wake of the preceding discussion, charge-sheet dated 30.11.2023, cognizance/summoning order dated 11.01.2024 as well as the entire proceedings of Special Case No.84 of 2024 (State Vs. Sunil Kumar and others), arising out of Case Crime No.396 of 2022, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Madhuban Bapudham, District- Ghaziabad, pending in the court of learned Additional District Judge, Court No.12/Special Judge, Gangster Act, Ghaziabad, are hereby quashed only in pursuance of applicant herein. 8. The present application is, accordingly, allowed. 9. However, it is made clear that concerned authority will be at liberty to proceed afresh against the applicant in pursuance to the outcome of Application u/s 482 Cr.P.C. No.39007 of 2023 (Vipin Kumar Yadav vs. State of U.P. and Another). Order Date :- 10.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad