HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37745 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 31.05.2011 along with cognizance/summoning order dated 10.06.2011 and the entire proceedings of G.T. No.34 of 2012 (State Vs. Majoj Kumar Rai and others), arising out of Case Crime No.1456 of 2010, under Sections 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/Fast Track Court No.1, Mau. 3. Learned counsel for the applicants has submitted that the proceeding under the Gangster Act has been initiated against applicants on the basis of one case bearing Case Crime No.1362 of 2010. In the said case, applicants have already been acquitted by learned court concerned vide order dated 17.10.2023. Learned counsel for applicants has further submitted that once in the base case, applicants have been 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 applicant has 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. 4. Per contra, learned A.G.A. vehemently opposed the prayer sought through Versus Counsel for Applicant(s) : Pramod Kumar, Sanjay Kumar Rajbhar Counsel for Opposite Party(s) : G.A. Ankur Rai And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the instant application and rebutted the stand taken up by learned counsel for applicants, but did not dispute the order 17.10.20235 passed by learned court concerned. 5. After having the rival contentions raised by learned counsel for parties, it is crystal clear that base case depicted in the gang chart has already been quashed 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 applicants have already been acquitted in the base case, charge-sheet dated 31.05.2011 along with cognizance/summoning order dated 10.06.2011 and the entire proceedings of G.T. No.34 of 2012 (State Vs. Majoj Kumar Rai and others), arising out of Case Crime No.1456 of 2010, under Sections 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/Fast Track Court No.1, 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 25, 2025 Vivek Kr. NA528 No. 37745 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad