Neutral Citation No. - 2025:AHC:78506 Court No. - 74 Case :- APPLICATION U/S 482 No. - 7580 of 2024 Applicant :- Raman Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dileep Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Supplementary affidavit preferred on behalf of applicant is taken on record. 2. Heard Sri Dileep Kumar Pandey, learned counsel for applicant and learned A.G.A. on behalf of the State. 3. This application has been preferred for quashing the charge sheet dated 30.11.2023 and cognizance/summoning order dated 11.01.2024 as well as entire proceeding in Special Case no. 84 of 2024 (State vs. Sunil Kumar and others) under Section 2/3 of Gangster Act, arising out of Case Crime no. 396 of 2023, PS- Madhuban Bapudham, District Ghaziabad, pending before learned court of Special Judge, Gangster Act/ Additional District Judge, Court no. 12, Ghaziabad. 4. 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.666 of 2021, under Section 420, 120B IPC and under Section 60, 63 and 72 of Excise Act, PS- Madhuban Bapudham, District Ghaziabad. The applicant has been acquitted in Case Crime no. 666/2021 under sections 420, 120B IPC and under Section 60, 63 and 72 of Excise Act, PS- Madhuban Bapudham, District Ghaziabad vide judgment and order dated 08.04.2025 passed by learned Additional Chief Judicial Magistrate, Court no. 5, Ghaziabad and copy of the judgment is annexed as Annexure no. SA1 to the supplementary affidavit. 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 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. 5. Per contra, learned A.G.A. vehemently opposed the prayer sought through the instant applicant but could not dispute the aforesaid facts. 6. 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 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]. 7. In wake of the preceding discussion, since in base case applicant has been acquitted vide judgment and order dated 08.04.2025,charge sheet dated 30.11.2023 and cognizance/summoning order dated 11.01.2024 passed in Special Case no. 84 of 2024 (State vs. Sunil Kumar and others) under Section 2/3 of Gangster Act, arising out of Case Crime no. 396 of 2023, PS- Madhuban Bapudham, District Ghaziabad as well as entire proceedings of the said case, are hereby quashed only in pursuance of applicant herein. 8. The present application is, accordingly, allowed. Order Date :- 13.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad