Neutral Citation No. - 2025:AHC:39565 Court No. - 74 Case :- APPLICATION U/S 482 No. - 22984 of 2024 Applicant :- Ranjan Gupta And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Anurag Kumar, learned counsel for the applicants and learned AGA for the State. 2. The instant application u/s 482 Cr.P.C. has been preferred for challenging the entire proceedings of Gangster Sessions Trial No. 317 of 2024 (State vs. Ranjan Gupta and Others) arising out of Case Crime No. 06 of 2023, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, wherein charge sheet dated 09.10.2023 along with cognizance/summoning order dated 05.03.2024 passed by the learned Additional District and Sessions Judge, Court No. 4, Aligarh, were also put under challenge. 3. Learned counsel for the applicants sought the attention of the Court over the gangchart, wherein name of the applicants have been mentioned at serial nos. 1 and 2 and the cases mentioned in the gangchart against applicant nos. 1 and 2 is only one i.e. Case Crime No. 166 of 2022 in pursuance to Sections 302/120-B IPC and Section 3(2)5 of SC/ST Act, Police Station-Chharra, District- Aligarh. Learned counsel for the applicants submitted that Case Crime no. 166 of 2022 culminated into final adjudication after conduction of the trial by learned Court of Special Session Judge, SC/ST Act, Aligarh into order dated 09.04.2024 through which both the applicants have been acquitted. Learned counsel for the applicants raised his arguments that once the foundation of the implication of the applicants under the Gangster Act in shape of Case Crime no. 166 of 2022, wherein both the applicants have been acquitted, then there is hardly any occasion arises in favour of the prosecution to pursue the implication of the applicants in Case Crime no. 0006 of 2023, wherein chargesheet has been submitted and whereupon cognizance has already been taken up by learned court concerned by way of summoning the applicants vide order dated 05.03.2024. 4. Although, counter affidavit has been preferred at the behest of the State, but no specific rebuttal regarding ground taken up by learned counsel for the applicants at the time of institution of the instant application. However, learned AGA submitted that there are certain more cases credited as criminal history in favour of the applicants and it is not correct that applicants are not habitual crime offender and as such proceeding under the Gangster Act can be initiated by way of implicating the applicants in respect of other cases which are still pending at the stage of concluding the trial. 5. After having the rival submissions extended by learned counsel for the parties, one thing is crystal clear that case crime mentioned in the gangchart against the applicants has already been culminated into order dated 09.04.2024 passed by learned Court of Special Session Judge, SC/ST Act, Aligarh through which both the applicants have been acquitted, there is hardly any facts available in the counter affidavit preferred at the behest of the State that whether any appeal has been preferred while challenging order dated 09.04.2024 at the behest of the prosecution and as such there is hardly any justification available permitting the prosecution to proceed in accordance with Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, which is still pending to be adjudicated in pursuance to charge sheet preferred by the prosecution and summoning order issued by learned court concerned. Once the only case mentioned in the gangchart against the applicants culminated into acquittal of both the applicants, the entire proceeding initiated in pursuance to the Gangster Act stands vitiated. 6. In view of aforementioned discussion and especially in the light of order dated 09.04.2024 through which both the applicants have already been acquitted, entire proceeding in pursuance to Case Crime no. 0006 of 2023 instituted in shape of Gangster Sessions Trial No. 317 of 2024 are hereby quashed. However, it is made clear that quashing of the proceeding in case of Gangster Sessions Trial No. 317 of 2024 will not preclude the authorities to re-initiate the proceeding under the Gangster Act in pursuance to other criminal matters credited as criminal history in favour of the applicants after adopting due process of law, if required. 7. The instant application u/s 482 Cr.P.C. stands allowed accordingly. Order Date :- 19.3.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad