Neutral Citation No. - 2025:AHC:138250 Court No. - 79 Case :- APPLICATION U/S 482 No. - 38907 of 2014 Applicant :- Ganesh Shankar Poddar And Anr Opposite Party :- State of U.P. and Another Counsel for Applicant :- G.K. Srivastava,Sikandar Raza Counsel for Opposite Party :- Govt. Advocate Hon'ble Avnish Saxena,J. 1. Sri Sikandar Raza,learned counsel for the applicants submits that the applicants are husband and wife and are engaged in business of construction. The State has invoked the provisions of Gangsters Act and lodged the F.I.R. on the basis of three criminal cases shown in the gang-chart, viz. of Case Crime No.13 of 2009 under Sections 147, 406, 420, 504, 506 I.P.C. and 138 of Negotiable Instrument Act, Case Crime No.53 of 2009 under Sections 147, 420, 406, 323, 504, 506 I.P.C. and Case Crime No.112 of 2009 under Sections 420, 406, 467, 468, 147, 120-B I.P.C. and138 of Negotiable Instrument Act. All the three cases ended in acquittal of the accused by the judgement and orders dated 10.9.2012, 29.06.2010 and 15.10.2012, respectively. 2. Learned counsel for the applicants relied on judgement of apex court in case of Farhana Versus State U.P. and others 2024 SCC OnLine SC 159 and drawn the attention of the Court towards para-15 of the judgement, wherein it is provided that if the very foundation of Gangster Act stands struck off, consequentially, the continued prosecution for the said offence would tantamount to abuse of the process of Court. Relevant paragraph is extracted as below: "15. Hence, the very foundation for continuing the prosecution of the appellants under the provisions of the Gangsters Act stands struck off and as a consequence, the continued prosecution of the appellants for the said offence is unjustified and tantamounts to abuse of the process of Court." 3. Learned A.G.A. submits that all the cases shown in the Gang Chart ended in acquittal of the accused-applicants. 4. This Court has considered the factum of the case that the accused have been implicated in the case while they were engaged in the business of construction. There is no point in continuing with the trial of Special Sessions Trial No.196 of 2011 (State Versus Ganesh Shankar Poddar) arising out of Case Crime No.165 of 2010 under Section 3(1) of Gangster Act, Police Station Gwaltoli, District Kanpur Nagar as the base cases ended in acquittal. 5. In view of above, entire charge-sheet and all consequential proceedings in pursuance of Case Crime No.165 of 2010 under Section 3(1) of Gangster Act, Police Station Gwaltoli, District Kanpur Nagar (Special Sessions Trial No.196 of 2011 (State Versus Ganesh Shankar Poddar and other)), are hereby quashed in respect to applicants. 6. The application under Section 482 Cr.P.C., is accordingly, allowed. Order Date :- 13.8.2025 MN/- (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad