Neutral Citation No. - 2025:AHC:55906 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 12228 of 2025 Applicant :- Mohd. Shamim Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Dubey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Sunil Dubey, learned counsel for applicants and learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing the entire criminal proceedings of Special Session Trial no. 116 of 2017 (State vs. Istkhar Khan and others) arising out of Case Crime no. 243 of 2016, under Section 3(1) Gangster and Anti Social Activities (Prevention) Act, 1986, PS- Bilari, District-Moradabad pending in the court of learned Additional District Judge, Court no. 6, Moradabad and charge sheet dated 31.12.2016 & cognizance order as summoning order dated 10.04.2017 passed by learned Special Judge, Gangster Act. 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.64 of 2019, under Sections 395, 412, 413, 120B IPC, Police Station Bilari, District Moradabad. The applicant has been acquitted in Case Crime No.64 of 2019 vide judgment and order dated 30.01.2019 passed by learned Additional Sessions Judge, Court no. 12, Moradabad and copy of the judgment is annexed as Annexure no. 3 to the application. Learned counsel for applicants 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. 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 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]. 6. In wake of the preceding discussion, since in base case applicant has been acquitted vide judgment and order dated 30.01.2019, charge sheet dated 31.12.2016 & cognizance order as summoning order dated 10.04.2017 passed in Special Session Trial no. 116 of 2017 (State vs. Istkhar Khan and others) arising out of Case Crime no. 243 of 2016, under Section 3(1) Gangster and Anti Social Activities (Prevention) Act, 1986, PS- Bilari, District-Moradabad as well as entire proceedings of the said case, are hereby quashed only in pursuance of applicant herein. 7. The present application is, accordingly, allowed. Order Date :- 15.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad