Neutral Citation No. - 2025:AHC:52329 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11645 of 2025 Applicant :- Guruvachan Jatav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Maiku Lal Maurya,Varun Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Varun Kumar Srivastava, learned counsel for applicant and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the entire proceeding of S.T. no. 77 of 2006 (State vs. Anil @ Lalu) arising out of Case Crime no. 971 of 2024, under Section 3(1) of U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986, PS- Kotwali Farrukhabad, District Farrukhabad. 3. At the very outset, learned AGA made a strong opposition in respect of filing the instant application which is second one for challenging proceeding initiated against the applicant under Section 3(b)(1) of the Gangsters Act and submitted that in earlier application u/s 482 no. 12586 of 2006, the same prayer has been made but the same was dismissed, wherein restoration application has been preferred at the behest of applicant but the same was also dismissed by co-ordinate Bench of this Court. Learned Additional Government Advocate submitted that for same cause of action and for same prayer second application i.e. instant application u/s 482 is not maintainable. 4. Learned counsel for the applicant submitted that when the entire proceedings have been put under challenge, the implication of the applicant was on the basis of two criminal cases in shape of Case Crime no. 949 of 2004 under sections 147, 148, 149, 307, 504, 332, 353 IPC and Section 7 Criminal Law Amendment Act, PS- Kotwali Farrukhabad, District Farrukhabad and Case Crime no. 950 of 2004 under Section 3/4 Gambling Act, PS- Kotwali Farrukhabad, District Farrukhabad. After rejection of the restoration application in the application u/s 482 as mentioned above, the proceeding of two case crime numbers attained finality in shape of acquittal order passed in shape of judgment and order dated 17.12.2024 by learned Additional District and Sessions Judge, Court no. 1, Farrukhabad and as such now fresh cause of action for challenging the entire proceeding has been rising in favour of applicant and as such the present application u/s 482 is quite maintainable. 5. So far as regarding the maintainability of the instant application, is concerned, the same is sustainable in the eye of law since the fresh cause of action rises in favour of the applicant for challenging the entire proceedings in pursuance to the acquittal order passed in Case Crime no. 949 of 2004 and 950 of 2024 vide judgment and order dated 17.12.2024. The merit of the matter directly involved is that once the case in pursuance of which proceedings under Section 3(1) of Gangsters Act has been initiated, in both the cases applicant has now been acquitted as such there is hardly any justification to continue with the proceedings under Section 3(1) of Gangster Act which is pending before learned court of Special Judge, Gangster Act, Farrukhabad. 6. After hearing the rival submissions extended by learned counsel for the parties, it is crystal clear and apparent from the record, that both the case crime numbers in which applicant has been earlier implicated and on the same basis a proceeding under Section 3(1) of Gangster Act has been initiated, the same has already been culminated in favour of the applicant in shape of acquittal order dated 17.12.2024 and as such the proceeding initiated at the behest of State is hereby vitiated in shape of non-sustainability on the grounds in which the proceeding of Gangster Act has been instituted. 7. In view of the aforementioned facts and circumstances, entire proceeding arising out of Case Crime no. 971 of 2004 under Section 3(1) U.P.Gangster and Anti Social Activities (Prevention) Act, 1986, PS- Kotwali Farrukhabad, District Farrukhabad is hereby quashed and set aside. 8. The application u/s 528 BNSS stands allowed accordingly. 9. However, it is made clear that the above direction and order will not preclude the authorities from initiating fresh proceeding, if required, in pursuance of some other case wherein the applicant has already been implicated for institution of proceedings under Gangster Act. Order Date :- 9.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad