Neutral Citation No. - 2025:AHC:125998 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 26825 of 2025 Applicant :- Aakil Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Kumar Mishra,Sandeep Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Rajiv Kumar Mishra, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash cognizance order dated 05.07.2024 as well as entire proceeding arising out of Case no. SC-NIL/2024 (State of U.P. vs. Kadir and others) having Case Crime no. 23/2024 under Section 2/3 of U.P.Gangster Act, PS- Masuri, District Ghaziabad pending before learned Additional District and Session Judge/Special Judge (Gangster Act), Ghaziabad. 3. It is the case of the applicant that implication of the applicant in proceeding under the Gangster Act is on the basis of Case Crime nos. 375/2023 and 374/2023 wherein the applicant has been implicated and after conducting inquiry, charge-sheet has been preferred whereupon cognizance of offence has been taken up by learned concerned court but at the same time it is submitted that matters which were the basis for implication of the applicant under the Gangster proceeding were the inter se dispute between two parties wherein applicant is one of them. The matter relates to procurement of certain documents which were alleged to be forged in nature wherein the applicant has already been granted anticipatory bail by learned trial court in Case Crime no. 374 of 2023 by learned trial court and in Case Crime no. 375 of 2023 by co-ordinate Bench of this Court by way of considering the fact that matter relates to civil in nature which is apparent from the order while extension of bail in favour of the applicant. 4. Learned counsel for the applicant submitted that proceeding initiated against the applicant is crystal clear in contravention to Section 3 of U.P.Gangster Act, 1986 wherein the definition of implication of any criminal in gangster proceeding is very well defined. In catena of judgments rendered by Hon'ble Apex Court as well as co-ordinate Bench of this Court it has time and again been held that proceedings against any person who has already been implicated in same criminal matter for putting him in gangster proceedings must be considered by the prosecution that the action of the applicant may be in nature of threat and danger to the society not in nature of personal or inter se dispute between two parties wherein the matter relates to proposed sale of a piece of land wherein applicant is neither the proposer as purchaser nor the land in question belongs to applicant, he only informed in respect of piece of land to proposed purchaser and later on all the conversation whatsoever has happened between the parties and the applicant was not part of the same. 5. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 6. In view of aforementioned facts and circumstances, it is apparent from the records that the role of the applicant is very meager only as an informant to a piece of land which has been proposed by some another person to be purchased and the land owner on some false agreement after receiving consideration. It is not disputed by learned AGA that there is hardly any allegation in respect of receiving certain consideration or any forged document procured by the applicant for misleading the proposed purchaser. The action of the prosecution in shape of institution of Case Crime no. 23/2024 is redundant and the same can be termed as a malicious prosecution against the applicant which deserves to be set aside. Entire proceeding arising out of Case no. SC-NIL/2024 (State of U.P. vs. Kadir and others) having Case Crime no. 23/2024 under Section 2/3 of U.P.Gangster Act, PS- Masuri, District Ghaziabad along with charge-sheet dated 11.06.2024 as well as summoning order dated 05.07.2024 are hereby set aside. 7. The application stands allowed accordingly. However, it is made clear that the above mentioned order may not be given parity to other persons implicated in the same matter since the role of the applicant is quietly distinct in nature with others. Order Date :- 29.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad