HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36849 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing the charge- sheet dated 16.04.2011, cognizance/summoning order dated 25.04.2011 and the entire proceedings of Gangster Trial No.174 of 2012 (State of U.P. vs. Sintu Rai @ Sarvesh Rai and Others) arising out of Case Crime No.1593 of 2010, under Sections 2/3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Ghosi, District- Mau, pending in the court of learned Additional Session Judge, F.T.C., Mau. 3. Learned counsel for the applicants submitted that the proceeding under the Gangster Act has been initiated against applicants on the basis of solitary case bearing Case Crime No.1362 of 2010, under sections 147, 148, 149, 302, 120B IPC and section 7 of Criminal Law (Amendment) Act and sections 25/27 Arms Act, Police Station- Ghosi, District- Mau. In the said case, all the applicants were acquitted by learned court of Additional Session Judge, F.T.C., Court No.2, Mau vide order dated 17.10.2023, the said order is annexed as Annexure No.2 to the affidavit. Learned counsel for applicants further submitted that once in the base case applicants have been Versus Counsel for Applicant(s) : Kamal Kumar Singh Counsel for Opposite Party(s) : G.A. Prabha Shankar Rai And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) exonerated/acquitted, the instant proceeding under the Gangster Act cannot be drawn. In support of his submission, learned counsel for applicants has placed reliance on the judgement passed by the Apex Court in Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118] and stated that once the base case is already quashed or the applicants have already been acquitted in the same, the impugned proceeding cannot go on under the Gangster Act and the entire process is unsustainable and liable to be set aside. Considering the same acquittal order dated 17.10.2023, the proceedings of Gangster Act initiated against co-accused, Anjani Kumar Singh, who has also been implicated in same Case Crime No.1593 of 2010, has already been quashed by this Court vide order dated 09.09.2025 in Application u/s 528 BNSS No.34122 of 2025, the said order is annexed as Annexure No.7 to the affidavit. 4. Per contra, learned A.G.A. vehemently opposed the prayer sought through the instant application and rebutted the stand taken up by learned counsel for applicants, but at the same he did not dispute the order dated 17.10.2023 passed by learned court concerned. 5. After having the rival contentions raised by learned counsel for parties, it is crystal clear that in the base case depicted in the gang chart, the applicants have already been acquitted and once the proceedings of the base case depicted in the gang chart are quashed or the accused has been acquitted, the proceedings under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act are liable to be quashed [Ref: Farhana (supra) rendered by Hon'ble the Apex Court, Salim @ Piyaoo Vs. State of U.P. rendered by this Court in Criminal Revision No. 2541 of 2011, Jai Prakash and others Vs. State of U.P. rendered by this Court in Criminal Revision No. 3309 of 2008 and Sartaj Vs. State of U.P. rendered by this Court in Appl. U/S 482 No.11645 of 2007]. 6. In wake of the preceding discussion, since the applicant has already been acquitted in the base case, charge-sheet dated 16.04.2011, cognizance/summoning order dated 25.04.2011 and NA528 No. 36849 of 2025 2 the entire proceedings of Gangster Trial No.174 of 2012 (State of U.P. vs. Sintu Rai @ Sarvesh Rai and Others) arising out of Case Crime No.1593 of 2010, under Sections 2/3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Ghosi, District- Mau, pending in the court of learned Additional Session Judge, F.T.C., Mau, are hereby quashed only in pursuance of applicants herein. 7. The present application is, accordingly, allowed. 8. However, it is made clear that this order shall not preclude the authorities concerned to initiate fresh proceedings in pursuance of any other case against the applicants. September 23, 2025 Saif NA528 No. 36849 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad