HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38210 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 Sessions Case No.84 of 2024 (State Vs. Sunil Kumar and others), arising out of Case Crime No.396 of 2022, under Section 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Madhuban Bapudham, District Ghaziabad, pending in the Court of learned Special Judge (Gangster Act)/Additional District and Sessions Judge, Court No.12, Ghaziabad. 3. Learned counsel for the applicant has submitted that the proceeding under the Gangster Act has been initiated against applicant on the basis of solitary case bearing Case Crime No.666 of 2021, under Section 420, 120-B IPC and Sections 60/63/72 of Excise Act wherein, applicant has already been acquitted by learned trial court concerned vide order dated 08.04.2025. Learned counsel for applicant has 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 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, 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) : Ehtesham Akhtar Counsel for Opposite Party(s) : G.A. Lalji .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the instant applicant but did not dispute the fact that on the basis of single case, applicant was implicated in the present case and in the base case, he has already been acquitted by learned trial 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 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 base case has been quashed, entire proceedings of Special Sessions Case No.84 of 2024 (State Vs. Sunil Kumar and others), arising out of Case Crime No.396 of 2022, under Section 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Madhuban Bapudham, District Ghaziabad, pending in the Court of learned Special Judge (Gangster Act)/Additional District and Sessions Judge, Court No.12, Ghaziabad, is hereby quashed qua to 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. October 6, 2025 Vivek Kr. NA528 No. 38210 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad