The court held that criminal proceedings cannot be quashed solely based on claims of political rivalry; substantive evidence must guide such decisions.

JUDGMENT :

SAMIT GOPAL, J.

1. Heard Sri Imran Ullah, learned Senior Advocate, assisted by Sri Mohit Singh and Sri Vineet Vikram, learned counsels for the applicant, Sri Manish Goel, learned Senior Advocate/Additional Advocate General assisted by Sri Rupak Chaubey, learned AGA-I for the State and perused the record.

2. This application under Section 528 B.N.S.S., 2023 has been filed by the applicant Irfan Solanki with the following prayers:-

“It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to allow the present Criminal Misc. Application and to quash/set-aside the entire proceedings of S.T. No. 838 of 2023 (State vs. Irfan Solanki and others), Under Section 3(1) of the Uttar Pradesh Gangsters Act, 1986 pending in the Court of Special Judge MP/MLA/Additional Sessions Judge, Court No. 08, Kanpur Nagar arising out of Case Crime No.156/2022, Police Station- Jajmau, District Kanpur Nagar and also to quash the impugned charge sheet dated 27.06.2023 and the impugned cognizance/summoning order dated 21.07.2023 as well as the impugned order dated 30.08.2025 whereby discharge application of the applicant has been rejected and the impugned order dated 17.09.2025 whereby charges have been framed against the applicant Under Section 3(1) of the Uttar Pradesh Gangsters Act, 1986.

It is further prayed that this Hon’ble Court may kindly be pleased to stay the further proceedings of S.T. No. 838 of 2023 (State vs. Irfan Solanki and others), Under Section 3(1) of the Uttar Pradesh Gangsters Act, 1986 pending in the Court of Special Judge MP/MLA/Additional Sessions Judge, Court No. 08, Kanpur Nagar arising out of Case Crime No.156/2022, Police Station- Jajmau, District Kanpur Nagar, during the pendency of the present application before this Hon’ble Court and/or may pass such other and further orders which this Hon’ble Court may deem fit and proper in the facts & circumstances of the case, otherwise the applicant would suffer an irreparable loss and injury.”

3. This matter was heard on 12.01.2026 and during the course of arguments it was informed by learned counsel for the applicant that trial in the matter has started in which testimony of P.W.-1 has been recorded and further examination-in-chief of P.W.-2 has also been recorded and it is now at the stage of his cross-examination. The following order was passed by this Court on the said date:-

“1. Heard Sri Imran Ullah, learned Senior Advocate, assisted by Sri Mohit Singh and Sri Vineet Vikram, learned counsels for the applicant, Sri Manish Goel, learned Senior Advocate/Additional Advocate General assisted by Sri Roopak Chaubey, learned AGA-I for the State and perused the record.

2. During the course of arguments, it was informed by learned counsels for the applicant that the trial in the matter has started, in which the testimony of PW-1 has been recorded and further the examination-in-chief of PW-2 as also been recorded and is now at the stage of his cross-examination. The same is not disputed by learned counsel for the State.

3. Arguments concluded. 4. Judgement reserved. “

4. The facts of the case are as under:-

(A) A First Information Report was lodged on 26.12.2022 as Case Crime No.156/2022, Police Station- Jajmau, District Kanpur Nagar, under Section 3(1) of The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 by Ashok Kumar Dubey, Incharge Inspector, Police Station- Jajmau, District Kanpur Nagar against 5 persons namely Irfan Solanki, Rizwan Solanki, Israil Aatewala, Mohd. Sharif, Shaukat Ali, alleging therein that on routine area round and inspection he came to know that gang-leader Irfan