Neutral Citation No. - 2025:AHC:87935 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 17438 of 2025 Applicant :- Sanju Alias Sanjay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukul Yadav,Rajesh Yadav 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 27.11.2004 along with cognizance/summoning order dated 03.01.2005 and the entire proceedings of Special Session Trial No.334 of 2018 (State vs. Sanju @ Sanjay & others) arising out of Case Crime No.372 to 375/2003, under Section 3(1) of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Baniyather, District- Sambhal, pending in the Court of learned Additional District and Session Judge, Sambhal at Chandausi. 3. Learned counsel for the applicant submitted that in the gang chart, three criminal cases have been shown against the applicant i.e. Case Crime No.333 of 2003, under Sections 147, 148, 307, 149 I.P.C. and section 25 of Arms Act; Case Crime No.242 of 2003, under section 394 I.P.C. and Case Crime No.336 of 2003, under section 25 of Arms Act; out of which in Case Crime No.333 of 2003, the applicant has already been acquitted by learned court concerned vide order dated 26.08.2004, the said order has been appended as Annexure No.3 to the affidavit filed in support of instant application. 4. So far as Case Crime No.242 of 2003 is concerned, wherein final report has been submitted by concerned Investigating Officer on dated 19.11.2005, which has been accepted by learned court concerned vide order dated 22.01.2007. 5. As far as the Case Crime No.336 of 2003 is concerned, wherein the charge-sheet has been preferred under section 25 of Arms Act, it is settled law that the gangster proceedings would not continue based upon the charge-sheet filed under section 25 of Arms Act and as such the proceedings initiated against the applicant under Gangster Act is liable to be quashed. For substantiating his submission, learned counsel for the applicant sought the attention of Court over the provision of Section 2(b)(xxii) of Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986, the same is reproduced herein under :- "Section 2(b) in The Uttar Pradesh Gangsters And Anti-Social Activities (Prevention) Act, 1986 (b)"Gang" means a group of persons, who acting either singly or collectively, by violence, or threat or show of violence, or intimidation, or coercion, or otherwise with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person, indulge in antisocial activities, namely: (i) ...... (ii) ....... ........................ (xxii) involving in manufacture, sale and transportation of arms and ammunition in contravention of Sections 5, 7 and 12 of the Arms Act, 1959;" 6. Per contra, learned AGA vehemently opposed the prayer as made in the application, but could not dispute the above facts and the provisions of Gangster Act as mentioned by learned counsel for the applicant. 7. 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 cases which is mentioned in the gang chart against the applicant, he has been acquitted by learned court concerned or final report has been submitted as well as the fact that the other case mentioned in the gang chart is related to section 25 of Arms Act, which does not fall under the category of criminal cases for initiating proceedings under Gangster Act, then the proceedings of Gangster Act initiated against the applicant is not sustainable in the eye of law. 8. 8. In view of aforementioned facts and circumstances, the proceedings of Special Session Trial No.334 of 2018 (State vs. Sanju @ Sanjay & others) under Section 3(1) of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986 arising out of Case Crime No.372 to 375/2003, P.S. Baniyather, District- Sambhal, pending in the Court of learned Additional District and Session Judge, Sambhal at Chandausi, is hereby quashed and set- aside. 9. Accordingly, the application u/s 528 BNSS is allowed. Order Date :- 23.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad