JUDGMENT :

1. List revised.

2. Heard Sri Shashank Kumar, learned counsel for the applicant, Sri Ankit Srivastava, learned counsel for the State and perused the record.

3. This application under Section 482 Cr.P.C. has been filed by the applicant-Nisar with the prayer to quash the proceedings as well as charge-sheet dated 07.06.2021 & cognizance order dated 03.09.2021 in Session Trial No. 52 of 2021 arising out of Case Crime No. 352 of 2020, under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Mauima, District Prayagraj pending in the Court of Special Judge, Gangsters Act, Allahabad with a further prayer that proceeding of the aforesaid case be stayed against the applicant during the pendency of the present application.

4. The facts in the present case are that a first information report was lodged against the applicant and 10 other persons for offences u/s 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 with the allegation that the accused persons have formed a gang and are involved in various criminal activities against the public. A gang chart dated 16.02.2020 was prepared by the Sponsoring Officer which finally got approval of the District Magistrate on 29.05.2020. The name of the applicant finds place at serial no.4 in the said gang chart. As per the gang chart, the applicant and the other accused persons are shown to be involved in Case Crime No. 138 of 2017, u/s 302, 120-B, 212, 34 I.P.C. and a charge-sheet no. A-70 dated 21.06.2017, A-70 (B) dated 22.03.2019 have been submitted against the accused persons. The matter went for investigation after which a charge-sheet was submitted against the applicant and other accused persons being a total of 05 accused persons u/s 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act. It was mentioned in the charge-sheet that the investigation in so far as the other 06 accused persons is pending and further proceedings u/s 14 (1) of the Gangsters Act is also pending. The trial court vide order dated 03.09.2021 took cognizance upon the charge-sheet and summoned the accused persons.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the proceedings under the Gangsters Act have been taken up against the applicant on the basis of a solitary case. It is argued that in the said case which has been shown against the applicant, the applicant has been granted bail vide order dated 12.10.2017 passed by this Court in Criminal Misc. Bail Application No. 37600 of 2017 (Nisar Ahmad vs. State of U.P.). It is argued that the implication of the applicant which has been shown against him on the basis of which the first information report of the present case has been lodged is a false case and the applicant is not named in the first information report after which his name has come into light in the said case in the statement of Pappu Fakir an eye-witness who was the driver of the deceased. It is argued that the applicant is not a member of any gang. Learned counsel has further argued that co-accused Mohd. Ruksar challenged the proceedings, charge-sheet and order taking cognizance before this Court in Application U/S 482 No. 43408 of 2022 (Mohd. Ruksar vs. State of U.P. and another) in which vide order dated 23.03.2023, he has been granted interim protection. It is argued that as such the applicant is also entitled to protection in the matter. Learned counsel has relied upon the judgments of this Court in the case of Tej Singh and others vs. State of U.P. and another in Criminal Misc. Application U/S 482 No. 3239 of 2005 decided on 24.04.2019 and Salim vs. State of U.P. in Application U/S 482 No. 11646 of 2007 decided on 13.08.2019 and has argued that the co-ordinate Benches of this Court have quashed the proceedings with regards to the said accused persons in cases in which they were involved in a solitary case. It is argued that as su