Neutral Citation No. - 2025:AHC:109207 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 10041 of 2025 Applicant :- Ramroop Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyendra Narayan Singh,Udayveer Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant, learned A.G.A. for State and perused the record. 2. The instant application has been preferred for quashing the entire proceedings of Gangster Session Trial No.620 of 2021 (State vs. Ravi @ Ravindra Pratap and Others) arising out of Case Crime No.146 of 2020, under section 3(1) of U.P. Gangster and Anti- Social Activities (Prevention) Act, 1986, P.S. Khanna, District- Mahoba, pending in the court of learned Special Judge (Gangster Act)/Additional Session Judge (Fast Track Court), Court No.16, Mahoba including the charge-sheet no.88 of 2021 dated 21.09.2021 as well as cognizance/summoning order dated 13.12.2021. 3. It is the case of applicant that earlier applicant has been implicated in Case Crime No.114 of 2020 in pursuance to sections 419, 420, 467, 468, 471, 120B I.P.C., wherein after conduction of detail investigation, concerned investigating officer preferred charge-sheet on dated 06.11.2020, whereupon cognizance of offence has been taken up by learned court concerned vide order dated 08.12.2020. 4. Being aggrieved with the proceeding arising out of Case Crime No.114 of 2020, which was registered as Case No.4203 of 2021, applicant and his father challenged the entire proceedings through Application u/s 528 BNSS No.10701 of 2025 (Sandeep Singh vs. State of U.P. and Another) and Application u/s 482 Cr.P.C. No.23168 of 2024 (Ramroop Singh vs. State of U.P. and Another) and while entertaining the same, co-ordinate Bench of this Court stayed the entire proceedings of the aforesaid cases vide orders dated 04.04.2025 and 21.11.2024 respectively, which was still pending to be finally adjudicated. 5. During pendency of the proceedings, fresh implication of the applicant has been initiated by State authorities under gangster proceedings, which culminated into F.I.R. being Case Crime No.146 of 2020 in pursuance to section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 and in the same charge-sheet no.88 of 2021 has been preferred on dated 21.09.2021, whereupon learned court of Special Judge (Gangster Act)/Additional Session Judge (Fast Track Court), Court No.16, Mahoba took cognizance of offence and summoned the applicant vide order dated 13.12.2021, which impugned the present application. 6. 6. Learned counsel for applicant submitted that at the time of preparation of gang chart, it is apparent from record that only on the basis of implication of applicant in Case Crime No.114 of 2020, proceeding under the gangster act has been initiated against the applicant, otherwise there is hardly any other criminal history credited in favour of applicant. 7. While assailing the entire proceedings, learned counsel for applicant submitted that once the entire proceeding has been stayed by co-ordinate Bench of this Court, no proceeding can be initiated only on the basis of implication of applicant in Case Crime No.114 of 2020 since the implication of applicant in the said case crime number has already been stayed by this Court. 8. Per contra, learned A.G.A. however vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant, but at the same time did not dispute the factual submission extended by learned counsel for the applicant that entire proceeding arising out of Case Crime No.114 of 2020 has already been stayed against the applicant and his father in two different applications vide order dated 04.04.2025 and 21.11.2024, meaning thereby implication of applicant in base case is still pending to be adjudicated by this Court itself and the fate of Application u/s 528 BNSS No. 23168 of 2024 will be in two shapes, either the same will be allowed or rejected, but at present implication of applicant cannot provide any scope in favour of prosecution to proceed with the application by way of implicating him under proceedings of gangster act on the basis of Case Crime No.114 of 2020, in case the same will be decide in favour of applicant, the entire proceeding initiated under the gangster act shall become redundant. 9. In view of aforementioned facts and circumstances, the entire proceedings initiated at the behest of State authority by way of implicating the applicant under the gangster proceeding shall be dependent upon the outcome of Application u/s 528 BNSS No.23168 of 2024 and as such at present, the proceeding initiated under the gangster act against applicant is not sustainable in the eye of law. 10 The instant application stands allowed accordingly. The entire proceeding initiated against the applicant in pursuance to Gangster Session Trial No.620 of 2021 (State vs. Ravi @ Ravindra Pratap and Others) arising out of Case Crime No.146 of 2020, under section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Khanna, District- Mahoba, pending in the court of learned Special Judge (Gangster Act)/Additional Session Judge (Fast Track Court), Court No.16, Mahoba, are hereby set-aside. 11. However, it is made clear that authority will be at liberty to proceed afresh against the applicant in pursuance to the outcome of Application u/s 528 BNSS No.10701 of 2025 (Sandeep Singh vs. State of U.P. and Another). Order Date :- 9.7.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad