Neutral Citation No. - 2025:AHC:77140 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 15453 of 2025 Applicant :- Smt. Salma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhas Sharma,Rajesh Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicants and learned AGA for the State-respondent. 2. The present application has been preferred challenging the entire proceedings of Case No.930 of 2024 (State Vs. Amna and others), arising out of Case Crime No.34 of 2023, under Section 2/3 of Uttar Pradesh Gundagardi Niyantran Adhiniyam, 1970, P.S. Bhojpur, District Ghaziabad, pending the court of learned Special Judge (Gangster Act), Ghaziabad as well as chargesheet submitted in the said case along with cognizance has been taken thereof. 3. It is the case of applicants that being aggrieved with their implication in the present case under Uttar Pradesh Gundagardi Niyantran Adhiniyam, 1970, they preferred Criminal Misc. Writ Petition No.3092 of 2023 for seeking quashing of the FIR with specific stand that there is hardly any act in shape of Uttar Pradesh Gundagardi Niyantran Adhiniyam, 1970 wherein implication of the applicant has been made. Considering the argument raised by learned counsel for petitioners, Division Bench of this Court disposed of the said petition vide order dated 08.04.2024 by way of issuing direction not to arrest the petitioners till cognizance over the police report under Section 173(2) Cr.P.C. After conducting detailed investigation, the concerned Investigating Officer preferred chargesheet on dated 14.05.2024 against the present applicants in the instant case in pursuance of Section 2/3 Uttar Pradesh Gundagardi Niyantran Adhiniyam, 1970, whereupon cognizance of offence was taken by learned court concerned on dated 14.05.2024. 4. Learned counsel for applicants pressed the same argument which has been raised before Division Bench of this Court at the time of seeking quashing of the FIR that there is hardly any act in shape of Uttar Pradesh Gundagardi Niyantran Adhiniyam, 1970 is available and submitted that the entire narration of the FIR, has been self endorsed by the concerned Station House Officer who mentioned at the end of narration of the FIR that whatever he spoken, heard by him only and the same has been written in shape of FIR and also the same has been entered into GD. Learned counsel for applicants also submitted that the applicants are the victims of malicious proceedings and just to settle the personal score by way of misusing the post and position, opposite party no.2 unnecessary dragged them into unwarranted criminal litigation. It has also been argued by learned counsel for applicants that learned court of Special Judge (Gangster Act) failed to consider the said facts while taking cognizance of offence in pursuance of Section 2/3 Uttar Pradesh Gundagardi Niyantran Adhiniyam, 1970 that there is no as such act available for initiating the trial against the applicants and as such, the entire proceeding of the present case is highly brazen in law. 5. Per contra, learned AGA initially opposed the prayer but later on showed his agreement over the arguments raised by learned counsel for applicants that there is no act available in shape of Uttar Pradesh Gundagardi Niyantran Adhiniyam, 1970. 6. Considering the facts and circumstances of the instant case and the interference made by Division Bench of this Court at the stage of seeking quashing of the FIR registered as Case Crime No.34 of 2023, wherein chargesheet has been preferred by concerned Investigating Officer as well as the fact that the act wherein the applicants have been implicated, is not in existence, the prosecution will be failed to initiate trial against applicant. 7. In view thereof, chargesheet dated 14.05.2024 and cognizance order dated 14.05.2024 along with entire proceedings of Case No.930 of 2024 (State Vs. Amna and others), arising out of Case Crime No.34 of 2023, under Section 2/3 of Uttar Pradesh Gundagardi Niyantran Adhiniyam, 1970, P.S. Bhojpur, District Ghaziabad, pending the court of learned Special Judge (Gangster Act), Ghaziabad, are hereby set aside. 8. Accordingly, the instant petition is allowed. Order Date :- 12.5.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad