Kishan Singh Yadav And 2 Others vs. State Of U.P. And Another
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The applicants, Kishan Singh Yadav and two others, sought to quash proceedings under the U.P. Gangster Act, 1986 (Gangster Session Trial no. 74 of 2010). These proceedings arose from Case Crime no. 202 of 2010. The applicants contended that the 'base cases' upon which the Gangster Act proceedings were initiated had already resulted in their acquittal. Specifically, Case Crime no. 41 of 2020 (Sections 364, 302, 201 IPC) and Case Crime no. 42 of 2010 (Sections 341, 294, 323 IPC) led to acquittals on 03.11.2015 and 20.03.2010, respectively. The applicants argued that once the base cases are quashed or result in acquittal, proceedings under the Gangster Act cannot stand. The State's counsel opposed the prayer but could not dispute the facts presented by the applicants.
Held
The Court held that proceedings under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act are liable to be quashed if the base cases depicted in the gang chart have already been quashed or if the accused has been acquitted in those base cases. The Court found it crystal clear that the base cases forming the foundation for the Gangster Act proceedings had already resulted in the acquittal of the applicants. Relying on the Apex Court's judgment in Farhana (supra) and other High Court precedents (Salim @ Piyaoo, Jai Prakash, Sartaj), the Court reasoned that the principle is well-established: acquittal in the underlying criminal cases negates the basis for invoking the Gangster Act. Consequently, the Court quashed the entire proceedings of Gangster Session Trial no. 74 of 2010, pertaining to Case Crime no. 202 of 2010, against the applicants Kishan Singh Yadav, Sumit Yadav, and Ghanshyam. The Court clarified that this order does not preclude authorities from initiating fresh proceedings based on other cases against the applicants.
Key Issues
1. Whether proceedings under the U.P. Gangster Act, 1986, are sustainable when the 'base cases' forming the foundation for such proceedings have already resulted in the acquittal of the accused? (Question of law, turning on Section 2/3 of the U.P. Gangster Act, 1986). Petitioner's arguments: The applicants argued that once the base cases have been quashed or the accused acquitted, the proceedings under the Gangster Act are unsustainable and liable to be set aside. They relied on the Supreme Court judgment in Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118] and other High Court judgments, asserting that the entire process is vitiated. Revenue/State's arguments: The learned A.G.A. vehemently opposed the prayer but could not dispute the facts presented by the applicants regarding the acquittals in the base cases.
Sections Cited
Section 2/3 of U.P.Gangster Act, 1986
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34027 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
Heard Sri Tarun Jha, learned counsel for applicant and learned A.G.A. on under Section 2/3 of U.P.Gangster Act, 1986, arising out of Case Crime no. 202 of 2010, PS- Chirgaon, District Jhansi as well as charge sheet dated 23.06.2010 and cognizance order dated 31.07.2010 in GST no. 74 of 2010. 3. Learned counsel for the applicants submitted that the proceeding under the Gangster Act has been initiated against applicant nos. 1 on the basis of case bearing Case Crime No.41 of 2020, under Sections 364, 302, 201 IPC, Police Station Chirgaon, District Jhansi and Case Crime no. 42 of 2010 under sections 341, 294, 323 IPC and against applicant nos. 2 and 3 on basis of Case Crime No.41 of 2020, under Sections 364, 302, 201 IPC, Police Station Chirgaon, District Jhansi wherein applicants have already been acquitted by learned trial court vide orders dated 03.11.2015 and 20.03.2010, copy of which is annexed as Annexure no. 3 and 4 to the affidavit. Learned counsel for applicants further submitted that once in the base case, proceeding has already been quashed/applicants have been acquitted, the Pradesh and others [2024 0 INSC 118] and stated that once the base case is already quashed, the impugned proceeding cannot go on under the Gangster Versus Counsel for Applicant(s) : Tarun Jha Counsel for Opposite Party(s) : G.A. Kishan Singh Yadav And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
Act and the entire process is unsustainable and liable to be set aside.
Per contra, learned A.G.A. vehemently opposed the prayer sought through the instant applicant but could not dispute the aforesaid facts.
After having the rival contentions raised by learned counsel for parties, it is crystal clear that base case depicted in the gang chart has already been quashed and once the proceedings of the base cases depicted in the gang chart are quashed or the accused has been acquitted, the proceedings under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act are liable to be quashed [Ref: Farhana (supra) rendered by Hon'ble the Apex Court, Salim @ Piyaoo Vs. State of U.P. rendered by this Court in Sartaj Vs. State of U.P. rendered by this Court in Appl. U/S 482 No.11645 of 2007].
In wake of the preceding discussion, since in base case applicants have been acquitted, entire proceedings of Gangster Session Trial no. 74 of 2010 (State vs. Kishan Singh and others) under Section 2/3 of U.P.Gangster Act, 1986, arising out of Case Crime no. 202 of 2010, PS- Chirgaon, District Jhansi are hereby quashed only in pursuance of applicants namely Kishan Singh Yadav, Sumit Yadav and Ghanshyam.
The present application is, accordingly, allowed.
However, it is made clear that this order shall not preclude the authorities concerned to initiate fresh proceedings in pursuance of any other case against the applicants. September 9, 2025 Shaswat NA528 No. 34027 of 2025 2 (Saurabh Srivastava,J.) SHASWAT SINGH High Court of Judicature at Allahabad
Reproduced from the public record of the Allahabad High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.