Proceedings Under 'UP Gangsters Act' Liable To Be Quashed Upon Acquittal Of Accused In Base Cases Of Gang Chart: Allahabad HC
The Allahabad High Court has held that 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 1986 are liable to be quashed. A bench of Justice Ajay Bhanot noted thus while hearing a plea moved by one Abdul Kadeer Khan under Section...
The Allahabad High Court has held that 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 1986 are liable to be quashed.
A bench of Justice Ajay Bhanot noted thus while hearing a plea moved by one Abdul Kadeer Khan under Section 482 CrPC assailing proceedings initiated against him under Sections 2/3 of the 1986 Act.
The Court was told that the gang chart contains two cases, both under Sections 420 and 406 IPC, and now both the cases have been quashed by the High Court, and therefore, the proceedings under the 1986 Act are liable to be quashed.
In view of this, referring to the High Court's order in the cases of Salim @ Piyaoo vs. State of UP 2011 and Jai Prakash and others vs. State of UP, the Court observed that once the proceedings of the base cases depicted in the gang chart are quashed or the accused has been acquitted, the proceedings under the UP Gangster Act are liable to be quashed.
In view of this, noting that since the base cases have been quashed, the proceedings registered under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act are liable to be quashed, the Court quashed the proceedings in Sessions Trial No. 487 of 2022. The application was, accordingly, allowed.
Appearances
Counsel for Applicant: Swapnil Sinha
Counsel for Opposite Party: AGA Paritosh Kumar Malviya
Case title – Abdul Kadeer Khan vs. State Of U.P. And 2 Others 2024 LiveLaw (AB) 29 [APPLICATION U/S 482 No. - 26217 of 2022]
Case Citation: 2024 LiveLaw (AB) 29