Aslam And 3 Others vs State Of U.P. And Another
2025 Latest Caselaw 10865 ALL

Allahabad High Court

Aslam And 3 Others vs State Of U.P. And Another on 19 September, 2025

Author: Saurabh Srivastava

Bench: Saurabh Srivastava

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:169246
 
 
 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
APPLICATION U/S 528 BNSS No. - 33603 of 2025     
 
   Aslam And 3 Others    
 
  .....Applicant(s)   
 
 Versus  
 
   State of U.P. and Another    
 
  .....Opposite Party(s)         
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Lavkush Kumar Bhatt   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A., Radhey Shyam Yadav   
 
     
 
 Court No. - 77
 
     
 
 HON'BLE SAURABH SRIVASTAVA, J.     

1. Heard Sri Lavkush Kumar Bhatt, learned counsel for applicants and learned A.G.A. on behalf of the State.

2. This application has been preferred for quashing the Chargesheet dated 11.12.2002 along with cognizance and summoning order dated 13.12.2002 as well as entire proceedings of Special Session Trial No.4314 of 2002 (State Vs. Aslam and others), arising out of Case Crime No.459 of 2002, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali Fatehgarh, District Farrukhabad.

3. The proceedings in the present case, arising under the Gangsters Act, have been assailed by the applicants on the strength of the judgment rendered by Hon'ble Apex Court in case of Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118], on the ground that in both the base cases shown in the gang chart, the applicants stand acquitted.

4. Learned A.G.A. has fairly not disputed the fact that applicants have already been acquitted in both the base cases forming the foundation of the gang chart. However, it has been brought to the notice of this Court that in the present proceedings, the applicants have been convicted by the learned trial court concerned vide order dated 16.09.2025 and the matter now remains pending only for the determination of sentence. The said position of fact is also not disputed by learned counsel for the applicants.

5. In view of the above, once the proceedings under challenge, have already culminated into conviction of the applicants, no cause of action survives in their favour to maintain the present application.

6. Accordingly, the instant application is dismissed as having been rendered infructuous.

(Saurabh Srivastava,J.)

September 19, 2025

Vivek Kr.