Neutral Citation No. - 2025:AHC:78531 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 5045 of 2025 Applicant :- Kasif Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nirbhay Singh,Sanjeet Kumar Mishra Counsel for Opposite Party :- G.A.,Sandeep Kumar Srivastava Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and Sri Sandeep Kumar Srivastava, learned counsel appeared on behalf of the victim in base case as well as learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing of entire proceeding of Special Case No.222 of 2020 (State Vs. Ashif and others), arising out of Case Crime No.317 of 2019, under Section 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali Dehat, District Saharanpur as well as chargsheet dated 07.11.2019 submitted in the said case and cognizance order dated 17.02.2020 passed by learned Additional Sessions Judge/Special Judge (Gangster Act), Court No.5, Saharanpur. 3. Learned counsel for the applicant submitted that the proceeding under the Gangster Act has been initiated against applicant on the basis of solitary case bearing Case Crime No.62 of 2019, under Section 326A IPC, P.S. Kotwali Dehat, District Saharanpur wherein applicant has already been acquitted vide judgment dated 24.04.2024 passed by learned Additional Sessions Judge, Court No.14, Saharanpur. Learned counsel for applicant further submitted that once in the base case, applicant has already been 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 applicant has already been acquitted in the base case, 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 applicant but did not dispute the fact that in the base, applicant has already been acquitted vide judgment dated 24.04.2024. 5. Sri Sandeep Kumar Srivastava, learned counsel appeared on behalf of the victim in the base case, has also not disputed the fact that applicant has already been acquitted vide judgment dated 24.04.2024 in the base case but apprised the Court that against the said order of acquittal, an appeal bearing Criminal Appeal No.282 of 2024 has already been preferred at the behest of informant of the base case before this Court which is still pending to be adjudicated finally but at the same time, he fairly submitted that there is hardly any stay order granted by this Court. 6. After having the rival contentions raised by learned counsel for parties, it is crystal clear that applicant has already been acquitted vide judgment dated 24.04.2024 in the base case and once the accused has been acquitted in the base, 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]. Moreover, Criminal Appeal No.282 of 2024 preferred at the behest of informant of the base case before this Court against the order of acquittal dated 24.04.2024 which is still pending but there is hardly any stay order granted by this Court in that appeal. 7. In wake of the preceding discussion, since the base case has been quashed, entire proceeding of Special Case No.222 of 2020 (State Vs. Ashif and others), arising out of Case Crime No.317 of 2019, under Section 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali Dehat, District Saharanpur as well as chargsheet dated 07.11.2019 submitted in the said case and cognizance order dated 17.02.2020, are hereby quashed only in pursuance of applicant herein. 8. The present application is, accordingly, allowed. 9. 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 :- 13.5.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad