HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23651 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Ramashankar Yadav, learned counsel for applicant and learned A.G.A. for State. The instant application has been preferred to quash the entire proceedings of G.T. No.71 of 2009 (State vs. Maqbool and 7 Others) under section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, arising out of Case Crime No.1093 of 2008, P.S. Deogaon, District- Azamgarh, including charge-sheet dated 28.07.2009, cognizance/summoning order dated 04.08.2009 along with non-bailable warrant order/proceeding under section 82 Cr.P.C. dated 16.05.2025 passed by learned Additional District and Session Judge/Special Judge, Gangster Act, Court No.6, Azamgarh. 3. It is the case of applicant that applicant has been implicated in pursuance to Case Crime No.1093 of 2008, under section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, wherein cases which have been shown against the applicant are as Case Crime No.1029 of 2008 in pursuance to sections 307, 427 IPC and section 7 of Criminal Law (Amendment) Act and another Case Crime No.1031 of 2008 in pursuance to sections 3/5/8 of Prevention of Cruelty to Animals Act. 4. Learned counsel for applicant raised his argument that the gangster proceedings cannot be initiated in pursuance to Case Crime No.1031 of 2008, wherein applicant has been implicated in pursuance to sections 3/5/8 of Prevention of Cruelty to Animals Act, since the same has been inserted in the Gangster Act vide U.P. Gangster and Anti-Social Activities (Prevention) (Amendment) Act, 2015 itself and implication of application under Versus Counsel for Applicant(s) : Ramashankar Yadav Counsel for Opposite Party(s) : G.A. Sahabu .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Prevention of Cruelty to Animals Act was not amenable for initiating proceeding under the Gangster Act against applicant and as such entire proceeding arising out of Case Crime No.1093 of 2008 is liable to be set- aside. 5. 5. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application and submitted that there are two cases mentioned in the gang chart against applicant, whereas it is admitted that in Case Crime No.1031 of 2008 pertains to sections 3/5/8 of Prevention of Cruelty to Animals Act, which was not amenable for initiating proceeding against applicant under the specific provision available under the Gangster At as it was in the year 2008, but at the same time, learned A.G.A. submitted that in Case Crime No.1029 of 2008, applicant has been implicated in pursuance to sections 307, 427 IPC and section 7 of Criminal Law (Amendment) Act, which was amenable to initiated the proceedings under Gangster Act and as per the judgement rendered by Hon'ble Apex Court in case of Shraddha Gupta vs. State of U.P. and Others, decided on 26th April, 2022 in Criminal Appeal Nos. 569-570 of 2022, wherein it is crystal clearly held that only implication in one case if the same is in consonance with the provisions of Gangster Act, the proceeding can be initiated against the accused-applicant. 6. After hearing rival submissions extended by learned counsel for the parties, the arguments raised by learned A.G.A. is quite convincing and as such there is hardly any grounds available as raised by learned counsel for applicant for extending prayer for seeking quashing of the entire proceedings. 7. In view of aforementioned facts and circumstances, the instant application is devoid of merits and is hereby dismissed. 8. However, learned counsel for applicant over the instructions received submitted that applicant is intended to appear before learned court concerned and as such three weeks' time is hereby extended in favour of applicant to appear before learned court concerned in pursuance to non-bailable warrant order/proceeding under section 82 Cr.P.C. dated 16.05.2025. Till three weeks, no coercive action shall be initiated against the applicant. September 12, 2025 Saif NA528 No. 23651 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad