Neutral Citation No. - 2025:AHC:66644 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2280 of 2025 Applicant :- Gokul @ Rajkumar Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aftab Alam Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Aftab Alam, 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. 139/2021 dated 07.04.2021 and summoning order dated 03.06.2021 as well as entire proceedings of Special Session Trial no. 37 of 2021 (State vs. Abhishek Yadav and others) arising out of Case Crime no. 483 of 2020 u/s 2/3 of Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986, PS- Ghoorpur, District Prayagraj qua the applicant only pending in court of Additional District and Session Judge, Room no. 9/Special Judge (Gangster Act), Allahabad. 3. Learned counsel for the applicant submitted that the proceeding under the Gangster Act has been initiated against applicans on the basis of solitary case bearing Case Crime No.754 of 2018, under Sections 302, 201 IPC, Police Station Ghoorpur, District Prayagraj. In the said case, applicant has been acquitted vide order dated 07.08.2023 passed by learned court of Additional Session Judge, Room no. 12, Prayagraj. Learned counsel for applicants further submitted that once in the base case, proceeding has already been quashed, 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, 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 but could not dispute aforesaid facts. 5. After having the rival contentions raised by learned counsel for parties, it is crystal clear that in base case depicted in the gang chart applicant has already been acquitted 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 in the base case applicant has been acquitted, charge sheet no. 139/2021 dated 07.04.2021 and summoning order dated 03.06.2021 as well as entire proceedings of Special Session Trial no. 37 of 2021 (State vs. Abhishek Yadav and others) arising out of Case Crime no. 483 of 2020 u/s 2/3 of Uttar Pradesh Gangster and Anti- Social Activities (Prevention) Act, 1986, PS- Ghoorpur, District Prayagraj, are hereby quashed only in respect 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. Order Date :- 28.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad