HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37689 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 the charge-sheet no.38/2022 dated 06.02.2022 along with cognizance/summoning order dated 30.03.2022 and the entire proceedings of Session Case No.198 of 2022 (State Vs. Shorish Ali and others), arising out of Case Crime No.64 of 2021, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Jalesar, District- Etah, pending in the court of learned Special Judge, Rape & POCSO-Ist, Etah. 3. Learned counsel for the applicant has submitted that the proceeding under the Gangster Act has been initiated against applicant on the basis of one case bearing Case Crime No.491 of 2020. In the said case, applicant has already been acquitted by learned court concerned vide order dated 10.06.2025. Learned counsel for applicant has further submitted that once in the base case, applicant has 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) : Anurag Shrivastava Counsel for Opposite Party(s) : G.A. Sarik .....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 order 10.06.2025 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 applicant has already been acquitted in the base case, charge-sheet no.38/2022 dated 06.02.2022 along with cognizance/summoning order dated 30.03.2022 and the entire proceedings of Session Case No.198 of 2022 (State Vs. Shorish Ali and others), arising out of Case Crime No.64 of 2021, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Jalesar, District- Etah, pending in the court of learned Special Judge, Rape & POCSO-Ist, Etah, 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 25, 2025 Vivek Kr. NA528 No. 37689 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad