HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37708 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing of entire proceedings of Special Session Trial No.202 of 2012 (State Vs. Lallan Yadav), arising out of Case Crime No.171 of 2008, under Sections 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Nandganj, District- Ghazipur, pending the court of learned Fast Track Judge/Gangster Act, Ghazipur. 3. Learned counsel for the applicant has submitted that the proceeding under the Gangster Act has been initiated against applicant on the basis of two cases bearing Case Crime No.41 of 2008 and Case Crime No.43 of 2008. In the said cases, applicant had already been acquitted by learned courts concerned vide orders dated 31.03.2009 and 27.09.2009 respectively. Learned counsel for applicant has further submitted that once in the base cases, applicant had already been exonerated/acquitted, 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 Versus Counsel for Applicant(s) : Sunil Kumar Singh Counsel for Opposite Party(s) : G.A. Lallan Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the instant application and rebutted the stand taken up by learned counsel for applicant, but did not dispute the orders dated 31.03.2009 and 27.09.2009 passed by learned courts concerned. 5. After having the rival contentions raised by learned counsel for parties, it is crystal clear that both the base cases depicted in the gang chart against applicant, have 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 both the base cases, entire proceedings of Special Session Trial No.202 of 2012 (State Vs. Lallan Yadav), arising out of Case Crime No.171 of 2008, under Sections 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Nandganj, District- Ghazipur, pending the court of learned Fast Track Judge/Gangster Act, Ghazipur, is 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 25, 2025 Vivek Kr. NA528 No. 37708 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad