Neutral Citation No. - 2025:AHC:89746 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 7080 of 2025 Applicant :- Munna Lal Pachauri Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Pal Singh Jadaun Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The instant application has been preferred with the prayer to quash the impugned charge sheet No. 361 of 2024 dated 24.07.2024 as well as impugned summoning order dated 16.08.2023 and the entire proceedings of Special Trial no. 167 of 2024 (State vs. Ashok Kumar and others) arising out of Case Crime no. 178 of 2024, under Section 2/3) U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station Banna Devi, District Aligarh pending in the court of learned Additional & Sessions Judge/Special Judge (Gangsters Act), Court No. 4, Varanasi. 3. Learned counsel for the applicants submitted that the proceeding under the Gangster Act has been initiated against applicant on the basis of solitary case bearing Case Crime No.544 of 2021, under Sections 406, 420, 467, 468, 471, 379, 506 I.P.C., Police Station Banna Devi, District Aligarh. The entire proceeding was subjected to challenge in Application under Section 482 Cr.P.C. No. 12716 of 2024 before Coordinate Bench of this Court wherein it was stated that parties have entered into compromise which has also been verified whereupon vide judgement and order dated 28.06.2024, Coordinate Bench of this Court quashed the entire proceeding of Case No.25474 of 2022 (State Vs. Munna Lal Pachauri and others), arising out of Case Crime No. 544 of 2021. Learned counsel for applicant 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 applicant and submitted that the proceeding in pursuance of Case Crime No.544 of 2021, was set aside on the basis of compromise and on merits and as such, the proceedings of the FIR under the Gangsters Act cannot be quashed. In support of his submissions, learned AGA relied upon the judgment passed by Coordinate Bench of this Court in Paras Chaudhary Vs. State of U.P. and another [Appl. U/S 482 No.11117 of 2024, decided on 03.05.2024]. 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, impugned charge sheet No. 361 of 2024 dated 24.07.2024 as well as impugned summoning order dated 16.08.2023 and the entire proceedings of Special Trial no. 167 of 2024 (State vs. Ashok Kumar and others) arising out of Case Crime no. 178 of 2024, under Section 2/3) U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station Banna Devi, District Aligarh, 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. Order Date :- 26.5.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad