Gangster Act proceedings cannot continue where the sole predicate cases have ended in acquittal.

An FIR under Sections 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (“Gangsters Act”) was registered against Mohit Ubhan and co-accused Akash on the allegation that they formed a gang and engaged in anti-social activities.

The gang chart relied on two cases: Case Crime Nos. 223 and 228 of 2019.

Ubhan was acquitted in Case Crime No. 228 of 2019 and, following compounding, in Case Crime No. 223 of 2019.

The trial court took cognizance and issued summons in S.S.T. No. 07 of 2021.

Akash had earlier obtained quashing of the same proceedings qua himself, and the State did not dispute that Ubhan’s case was covered by that decision.

1. Whether the proceedings under Sections 2/3 of the Gangsters Act could continue against Ubhan after his acquittal in both cases relied upon in the gang chart.

2. Whether the proceedings against Ubhan should be quashed in light of the co-ordinate Bench’s order quashing the same proceedings qua co-accused Akash.

Section 482 of the Code of Criminal Procedure, 1973 empowers the High Court to quash criminal proceedings where their continuation would constitute an abuse of process.

The Court applied Sections 2/3 of the Gangsters Act and relied on the co-ordinate Bench’s decision concerning Akash, which had followed Sartaj v. State of U.P., 2020 111 AllCriC 51.

As recounted in that decision, where the cases forming the basis for proceedings under the Gangsters Act have resulted in acquittal, the proceedings under the Act may be quashed under Section 482 CrPC.

the reasoning also referred to the principles concerning the binding effect of an acquittal discussed in Pritam Singh v. State of Punjab and Manipur Administration v. Thokchom Veer Singh

The Court found that the two cases shown in the gang chart were the basis for initiating proceedings under the Gangsters Act and that Ubhan had been acquitted in both.

It also noted that the co-ordinate Bench had quashed the same Gangsters Act proceedings qua Akash on the basis of the acquittals in those predicate cases, and that the State accepted that Ubhan’s case was covered by that decision.

On those facts, the Court concluded that continuation of the proceedings against Ubhan was unwarranted.

Pending applications were also disposed of.