Neutral Citation No. - 2025:AHC:125807 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 5711 of 2025 Applicant :- Bhola Alias Raghvendra Opposite Party :- State Of U.P. And 2 Others Hon'ble Saurabh Srivastava,J. 1. Heard Shri Lal Mani Singh, learned counsel for applicant and learned A.G.A. appearing on behalf of the State- opposite parties. 2. This application has been preferred for quashing the entire proceedings of Session Trial No. 518 of 2009, (State v. Bhola @ Raghvendra), arising out of Case Crime no. 116 of 2009, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, PS- Sachendi, District- Kanpur Nagar. 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. 48 of 2009, under Sections 302/34, 120-B of IPC, Police Station- Sachendi, District Kanpur Nagar wherein applicant has already been acquitted by learned Additional Sessions Judge, Court No. 20, Kanpur Nagar vide order dated 24.08.2023, copy of which is annexed as Annexure no. 4 to the affidavit. Learned counsel for applicants further submitted that once in the base case, proceeding has already been quashed and applicant has been acquitted, the instant proceeding under the Gangsters 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 Gangsters 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 the aforesaid facts. 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, the entire proceedings of Session Trial No. 518 of 2009, (State v. Bhola @ Raghvendra), arising out of Case Crime no. 116 of 2009, under Section 3(1) of U.P. Gangsters and Anti- Social Activities (Prevention) Act, 1986, PS- Sachendi, District- Kanpur Nagar 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 applicants. Order Date :- 29.7.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad