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IN THE HIGH COURT OF ALLAHABAD
Rajesh Singh Chauhan, J.
Ramesh Kumar – Applicant
Versus
State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another – Opposite Parties
Application U/S 482 No. - 358 of 2024
Decided On : 17-01-2024
Gangster Act - Quashing of Proceedings - 3(1) Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act - [3(1) Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act] - The court quashed the impugned order dated 17.01.2023, passed by the Special Judge, Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, Additional Session Judge, Court No.-08. Barabanki in Gangster Case No. 2009/2021, State Vs Ramesh Kumar & others, arising out case crime no. 215/2020, under section-3(1) Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, Police Station-Satrikh, District-Barabanki, and its consequential criminal proceeding.
Fact of the Case:
The petitioner sought to quash the impugned order dated 17.01.2023, passed by the Special Judge, Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, Additional Session Judge, Court No.-08. Barabanki in Gangster Case No. 2009/2021, State Vs Ramesh Kumar & others, arising out case crime no. 215/2020, under section-3(1) Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, Police Station-Satrikh, District-Barabanki, based on the quashing of previous criminal cases against the petitioner.
Finding of the Court:
The court found that since all the criminal cases indicated in the gang chart had been set aside/quashed by the Court, the foundation of the Gangster Act was no longer valid, and the proceedings of the Gangster Act could not survive.
Issues: The main issue was whether the proceedings of the Gangster Act could continue when all the criminal cases indicated in the gang chart had been set aside/quashed by the Court.
Ratio Decidendi: The court relied on the principle of 'Sublato fundamento, cadit opus' and various case laws to conclude that if the foundation of the Gangster Act is removed, the proceedings of the Gangster Act would not survive. The court also referred to legal provisions such as Section 403 of the Criminal Procedure Code and Article 20(2) of the Constitution to support its decision.
Final Decision: The court quashed the impugned order dated 17.01.2023, passed by the Special Judge, Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, Additional Session Judge, Court No.-08. Barabanki in Gangster Case No. 2009/2021, State Vs Ramesh Kumar & others, arising out case crime no. 215/2020, under section-3(1) Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, Police Station-Satrikh, District-Barabanki, and its consequential criminal proceeding.
Certainly. Based on the provided legal document, the main legal point established in the judgment is that if the foundation of the Gangster Act is removed—specifically, if the criminal cases underpinning the proceedings are quashed or set aside—the proceedings under the Gangster Act cannot continue. This is grounded in the legal principle "Sublato fundamento, cadit opus," which means that when the foundation or basis of a legal proceeding is eliminated, the entire structure collapses and cannot survive (!) (!) .
The court emphasized that the proceedings under the Gangster Act are not independent but are dependent on the criminal cases indicated in the gang chart. When all these criminal cases are quashed or set aside, the foundation for the Gangster Act proceedings is effectively removed, rendering the proceedings unsustainable (!) (!) .
Furthermore, the judgment reinforces that principles of res judicata and double jeopardy, as enshrined in relevant constitutional and procedural provisions, support the decision to quash the proceedings once the underlying criminal cases are nullified. The Court relied on the interpretation that when the criminal cases forming the basis of the Gangster Act proceedings are no longer valid, the proceedings under the Gangster Act must also be quashed, as they are inherently linked (!) (!) .
In conclusion, the Court quashed the impugned order and the consequential proceedings, affirming that the foundation of the Gangster Act proceedings had been effectively removed due to the quashing of all related criminal cases, and thus, the proceedings could not survive (!) .
JUDGMENT :
1. Heard Sri Vivek Kumar Verma, learned counsel for the petitioner and Sri Ram Raj Singh, learned AGA for State.
2. By means of this petition the petitioner has prayed following relief :
"Wherefore, it is most respectfully prayed that this Hon'ble High Court may kindly be pleased to quash the impugned order dated 17.01.2023, passed by the Special Judge, Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, Additional Session Judge, Court No.-08. Barabanki in Gangster Case No. 2009/2021, State Vs Ramesh Kumar & others, arising out case crime no. 215/2020, under section-3(1) Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, Police Station-Satrikh, District-Barabanki, and also quash its consequential criminal proceeding, contained as Annexure No 1 to this petition."
3. This is a case which can be appreciated on the basis of maxim "Sublato fundamento, cadit opus" which means if the foundation of anything is vanished, the super structure constructed whereon shall automatically demolish.
4. Learned counsel for the petitioner has drawn attention of this court towards the gang chart (Annexure no. 3) wherein three cases have been imposed against the petitioner bearing Case Crime Nos. 336 of 2019 u/s 406 & 506 IPC, P.S. Kotwali Nagar, District Barabanki, Case Crime No. 96 of 2020 u/s 323, 504, 506, 342 IPC, P.S. Satrikh, District Barabanki, Case Crime No. 121 of 2020 u/s 420, 504 & 506 IPC, P.S. Satrikh, District Barabanki. Learned counsel for the petitioner has stated that the proceedings of all the aforesaid three cases have been quashed by this Court on the basis of compromise between the parties.
5. Attention has been drawn towards the order dated 18.4.2023 passed by this Court in Application U/s 482 No. 1009 of 2023 allowing the petition filed u/s 482 Cr.P.C. quashing the entire proceedings emanating pursuant to the Case Crime no. 7341/2020 arising out of Crime No. 0336 of 2019 (supra).
6. Further, attention has been drawn towards the order dated 31.8.2022 passed in Application U/S 482 No. 5429 of 2022 (Ramesh Kumar Yadav vs. State of U.P. & others) quashing the entire proceedings emanating from F.I.R./ Crime No. 0121/2020 (supra). Further, attention has been drawn towards the order dated 20.3.2023 passed by this Court in Application U/S 482 No. 1001 of 2023 quashing the entire proceedings emanating out of Crime No. 0096 of 2020 (supra). Learned counsel for the petitioner has submitted that there is one more case bearing Case No. 194 of 2020 u/s 307, 325, 427 IPC, P.S. Satrikh, District Barabanki, though that case is not included in the gang chart but the proceedings emanating to aforesaid crime case have been quashed / set aside by this Court on the basis of compromise vide an order dated 11.7.2023.
7. Learned counsel for the petitioner has, therefore, submitted that since the entire proceedings of the crime cases which have been indicated in the gang chart have been set aside / quashed by this Court, therefore, the proceedings of Gangster Act may not continue any longer against the petitioner inasmuch as the proceedings under the Gangster Act are not independent proceedings rather same proceedings depends upon the cases which have been indicated in the gang-chart. In support of the aforesaid arguments learned counsel for the petitioner has cited some case laws i.e. Salim vs. State of U.P., (Allahabad) : 2019(12) ILR (Allahabad) 133, Sartaj vs. State of U.P. : 2020(111) ACrC 51 : 2020(1) ILR (Allahabad) 1659 and judgment dated 12.3.2019 in Criminal Revision No. 3309 of 2008 : Jai Prakash and others vs. State of U.P. wherein the concurrent view of this Court is that since the proceedings under the Gangster Act are not the independent proceedings, therefore, implication and trial of the accused-applicant u/s 2/3 of Gangster Act was not justified if the criminal cases, so indicated in the gang-chart have either been quashed / set aside or in those cases the accused person has been acquitte
AI
The main legal point established in the judgment is that if the foundation of the Gangster Act is removed, the proceedings of the Gangster Act would not survive, based on the principle of 'Sublato fu....
Proceedings of FIR under provisions of Gangsters Act and prosecution of accused cannot be continued in spite of exoneration in predicate offences.
Prosecution under the U.P. Gangsters Act requires clear evidence of anti-social activities; vagueness in allegations leads to quashing of proceedings.
The acquittal of a co-accused does not automatically entitle other accused to quash proceedings; each case must be evaluated on its own merits.
Proceedings may be quashed under Section 482 Cr.P.C. when prosecution witnesses turn hostile and there’s insufficient evidence, indicating a lack of prospect for conviction.
The High Court can quash criminal proceedings based on compromise, even if the offence is non-compoundable, in accordance with the settled propositions by the Hon'ble Apex Court.
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