Neutral Citation No. - 2025:AHC:54276 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11863 of 2025 Applicant :- Prempal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sujit Kumar Agrawal,Vinod Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Vinod Kumar Upadhyay, learned counsel for applicants and learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing the entire proceeding arising out of impugned charge sheet no. 1 of 2023 dated 23.06.2023 and impugned summoning order dated 17.08.2023 passed in Special Case no. 77 of 2023 (State vs. Prempal and another) arising out of Case Crime no. 533 of 2022 under Section 2/3 Gangster Act, PS- Baheri, District Bareilly pending in the court of learned Additional District and Session Judge/Special Judge, Gangster Act, Room no. 5, Bareilly. 3. Learned counsel for the applicants submitted that the proceeding under the Gangster Act has been initiated against applicants on the basis of solitary case bearing Case Crime No.49 of 2022, under Section 8/18/29 NDPS Act, Police Station Bahedi, District Bareilly. The applicants have been acquitted in Case Crime no. 49/2022 under sections 8/20/29 NDPS, Police Station Bahedi, District Bareilly vide judgment and order dated 29.3.2024 passed by learned Special Judge, NDPSC Act/Addl. Session Judge Court no. 9, Bareilly and copy of the judgment is annexed as Annexure no. 12 to the application. Learned counsel for applicants further submitted that once in the base case, applicants 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. 4. Per contra, learned A.G.A. vehemently opposed the prayer sought through the instant applicant but could not dispute the aforesaid facts. 5. After having the rival contentions raised by learned counsel for parties, it is crystal clear that in base case depicted in the gang chart applicants have 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]. 6. In wake of the preceding discussion, since in base case applicants have been acquitted vide judgment and order dated 29.3.2024, Chargesheet No.1 of 2023 dated 23.06.2023 along with summoning order dated 17.08.2023 passed in Special Case no. 77 of 2023 (State vs. Prempal and another) arising out of Case Crime no. 533 of 2022 under Section 2/3 Gangster Act, PS- Baheri, District Bareilly as well as entire proceedings of the said case, are hereby quashed only in pursuance of applicants herein. 7. The present application is, accordingly, allowed. Order Date :- 10.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad