Neutral Citation No. - 2025:AHC:49290 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11073 of 2025 Applicant :- Najmuddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under section 528 BNSS has been preferred to quash the impugned charge-sheet dated 26.11.2022 along with cognizance/summoning order dated 04.03.2023 and the entire proceedings of Session Case No.166 of 2023 (State vs. Ali Waris @ Kaluwa & others) arising out of Case Crime No.108 of 2022, under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Gajraula, District- Amroha, pending in the Court of learned Additional Session Judge/F.T.C. IInd, Amroha as well as to stay the further proceedings of abovementioned case. 3. 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.33 of 2022, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955, P.S. Gajraula, District- Amroha, wherein the applicant has already been acquitted by learned court concerned vide order dated 11.01.2024, the said order has been appended as Annexure No.5 to the affidavit filed in support of instant application 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. 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 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. 6. In view of aforementioned facts and circumstances, the proceedings of Session Case No.166 of 2023 (State vs. Ali Waris @ Kaluwa & others) arising out of Case Crime No.108 of 2022, under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Gajraula, District- Amroha, pending in the Court of learned Additional Session Judge/F.T.C. IInd, Amroha, is hereby quashed and set-aside. 7. Accordingly, the application u/s 528 BNSS is allowed. Order Date :- 7.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad