Neutral Citation No. - 2025:AHC:56498 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 12722 of 2025 Applicant :- Ram Pravesh Acharya Alias Ram Acharya Alias Acharya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under section 528 BNSS has been preferred to quash the impugned charge-sheet dated 12.04.2024 along with cognizance/summoning order dated 26.06.2024 and the entire proceedings of G.T. No.566 of 2024 (State vs. Ram Pravesh Acharya @ Ram Acharya @ Acharya and Others) arising out of Case Crime No.0409 of 2023, under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Kotwali, District- Mau, pending in the Court of learned Special Judge (Gangster Act)/Additional Session Judge, F.T.C.-1, Mau as well as to stay the further proceedings of abovementioned case. 3. Learned counsel for the applicant submitted that in the gang chart, only a single criminal case has been shown against the applicant i.e. Case Crime No.359 of 2022, under sections 363, 328, 365, 342, 370ka, 372, 373, 376(d)(a), 120B I.P.C. and sections 5/6 of POCSO Act, P.S. Kotwali, District- Mau, wherein the applicant has already been acquitted by learned court concerned and as such the proceedings initiated against the applicant under the provisions of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 is liable to be quashed by this Court. 4. Per contra, learned AGA vehemently opposed the prayer as made in the application, but he has accepted the statement made by learned counsel for the applicant with regard to his acquittal in the single case mentioned in gang chart. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, it is crystal clear that once in the case which is mentioned in the gang chart against the applicant, he has been acquitted by learned court concerned, then the proceedings of Gangster Act initiated against the applicant is not sustainable in the eye of law. 6. In view of aforementioned facts and circumstances, the proceedings of G.T. No.566 of 2024 (State vs. Ram Pravesh Acharya @ Ram Acharya @ Acharya and Others) arising out of Case Crime No.0409 of 2023, under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Kotwali, District- Mau, pending in the Court of learned Special Judge (Gangster Act)/Additional Session Judge, F.T.C.-1, Mau, is hereby quashed and set-aside. 7. Accordingly, the application u/s 528 BNSS is allowed. Order Date :- 17.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad