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2025 DAILYLAW 31830 (ALL)

SANJEEV GUPTA AND 2 OTHERS v. State of U.P. 2 Others

A482/7916/2024 · 2025-04-21

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60458 Court No. - 74 Case :- APPLICATION U/S 482 No. - 7916 of 2024 Applicant :- Sanjeev Gupta And 2 Others Opposite Party :- State Of U.P. 2 Others Counsel for Applicant :- Gyan Chandra,Jitendra Kumar Shishodia Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. Supplementary affidavit preferred on behalf of the applicants is also taken on record. 2. This application under section 482 Cr.P.C. has been preferred to quash the impugned charge-sheet dated 24.04.2023 along with cognizance/summoning order dated 20.09.2023 as well as the entire proceedings of Special Case No.1561 of 2023 (State vs. Sachin Gupta & others) arising out of Case Crime No.0020 of 2022, under Sections 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Partapur, District- Meerut, pending in the Court of learned Special Judge (Gangster Act), Meerut as well as to stay the further proceedings of abovementioned case. 3. Learned counsel for the applicants submitted that in the gang chart, one criminal case has been shown against all the applicants i.e. Case Crime No.538 of 2020, under Sections 420, 468, 471, 473, 201 I.P.C. and Section 63 of Copy Rights Act, wherein all the applicants have already been acquitted by learned court concerned vide order dated 29.03.2025, the said order has been appended as Annexure No.SA-1 to the supplementary affidavit and as such the proceedings initiated against the applicants under the provisions of Uttar Pradesh Gangsters and Anti- Social Activities (Prevention) Act, 1986 is liable to be quashed by this Court. 4. Per contra, learned AGA vehemently opposed the prayer as made in the application, but could not dispute the above facts. 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 case which is mentioned in the gang chart against the applicants, they have been acquitted by learned court concerned, then the proceedings of Gangster Act initiated against the applicants is not sustainable in the eye of law. 6. In view of aforementioned facts and circumstances, charge-sheet dated 24.04.2023 along with cognizance/summoning order dated 20.09.2023 as well as the entire proceedings of Special Case No.1561 of 2023 (State vs. Sachin Gupta & others) arising out of Case Crime No.0020 of 2022, under Sections 2/3 of the Uttar Pradesh Gangsters and Anti- Social Activities (Prevention) Act, 1986, P.S. Partapur, District- Meerut, pending in the Court of learned Special Judge (Gangster Act), Meerut, are hereby quashed and set-aside. 7. Accordingly, the application u/s 482 Cr.P.C. is allowed. Order Date :- 22.4.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad