Neutral Citation No. - 2025:AHC:53273 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9396 of 2025 Applicant :- Neeraj Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Supplementary affidavit preferred on behalf of the applicant is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. This application under section 528 BNSS has been preferred to quash the impugned charge-sheet no. 69/11, dated 20.08.2011 along with cognizance order dated 23.08.2011 and the entire proceedings of Session Trial No.87 of 2011 (State vs. Jagannath Verma & others) arising out of Case Crime No.205 of 2010, under Sections 2/3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Shivkuti, District- Allahabad, pending in the Court of learned Additional District Judge-II, Allahabad as well as to stay the further proceedings of abovementioned trial. 4. Learned counsel for the applicant submitted that in the gang chart, only a single criminal case has been shown against the applicant i.e. Case Crime No.145 of 2010, under sections 147, 148, 149, 302, 34 I.P.C., section 7 of Criminal Law Amendment Act and sections 3/25 Arms Act, P.S. Shivkuti, District- Allahabad, wherein the applicant has already been acquitted by learned court concerned vide order dated 09.12.2024, the said order has been appended as Annexure No.5 to the affidavit filed in support of instant application. It is further submitted that the said acquittal order has been challenged before this Hon'ble Court through appeal and the same was also rejected affirming the acquittal order vide order dated 01.04.2019 & 05.04.2019, the said orders are also appended as Annexure Nos.1 and 2 to the supplementary affidavit and as such the proceedings initiated against the applicant under the provisions of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 is liable to be quashed by this Court. 5. Per contra, learned AGA vehemently opposed the prayer as made in the application, but could not dispute the above facts. 6. 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 applicant, he has been acquitted by learned court concerned, then the proceedings of Gangster Act initiated against the applicant is not sustainable in the eye of law. 7. In view of aforementioned facts and circumstances, the proceedings of Session Trial No.87 of 2011 (State vs. Jagannath Verma & others) arising out of Case Crime No.205 of 2010, under Sections 2/3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Shivkuti, District- Allahabad, pending in the Court of learned Additional District Judge-II, Allahabad, is hereby quashed and set-aside. 8. Accordingly, the application u/s 528 BNSS is allowed. Order Date :- 10.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad