HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37361 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned A.G.A. appearing on behalf of opposite party nos.1 and 2. 2. This application has been preferred for quashing the charge- sheet dated 06.06.2022, cognizance/summoning order dated 08.09.2022 passed by learned Special Judge, Gangster Act/Additional District Judge, Court No.8, Jhansi and the entire proceedings of S.T. No.694 of 2022 (State vs. Rahul Yadav and Others) arising out of Case Crime No.67 of 2022, under sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Kotwali, District- Jhansi. 3. Learned counsel for the applicant submitted that the proceeding under the Gangster Act has been initiated against applicant on the basis of two cases bearing Case Crime No.230 of 2021 and Case Crime No.245 of 2018, wherein in Case Crime No.230 of 2021, applicant was acquitted by learned Juvenile Justice Board, Jhansi vide order dated 11.03.2025 and in Case Crime No.245 of 2018, the entire proceedings initiated against the applicant has been quashed by co-ordinate Bench of this Court vide order dated 20.09.2021 in Application u/s 482 Cr.P.C. No.9285 of 2021. Learned counsel for applicant further submitted Versus Counsel for Applicant(s) : Abhishek Kumar Saroj, Nagendra Bahadur Singh, Virendra Yadav Counsel for Opposite Party(s) : G.A. Yaduveer Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) that once in the base cases applicant has been exonerated/acquitted and the proceeding initiated against the applicant has been quashed respectively, the instant proceeding under the Gangster Act cannot be drawn. In support of his submission, learned counsel for applicant 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 the instant application and rebutted the stand taken up by learned counsel for applicant, but at the same he did not dispute the orders dated 11.03.2025 and 20.09.2021 passed by learned court concerned and co-ordinate Bench of this Court respectively. 5. After having the rival contentions raised by learned counsel for parties, it is crystal clear that base cases depicted in the gang chart has already been quashed and once the proceedings of the base cases 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 one base case and the proceedings initiated against the applicant has been quashed of another base case, charge-sheet dated 06.06.2022, cognizance/summoning order dated 08.09.2022 passed by learned Special Judge, Gangster Act/Additional District Judge, Court No.8, Jhansi and NA528 No. 37361 of 2025 2 the entire proceedings of S.T. No.694 of 2022 (State vs. Rahul Yadav and Others) arising out of Case Crime No.67 of 2022, under sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Kotwali, District- Jhansi, are hereby quashed only in pursuance of applicant 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 applicant. September 24, 2025 Saif NA528 No. 37361 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad