Neutral Citation No. - 2025:AHC:89678 Court No. - 74 Case :- APPLICATION U/S 482 No. - 10216 of 2024 Applicant :- Rinku And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dushyant Singh,M.C. Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicants and learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing the charge- sheet no.179 of 2022 dated 07.07.2022 along with cognizance/summoning order dated 01.11.2023 and the entire proceedings of Special Case No.3584 of 2023 (State Vs. Rinku and others), arising out of Case Crime No.382 of 2020, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Khanpur, District- Bulandshahr, pending in the court of learned Additional Session Judge, Court No.8/Special Judge, Gangster Act, Bulandshahr. 3. Learned counsel for the applicants submitted that the proceeding under the Gangster Act has been initiated against applicant no.2 on the basis of two cases, i.e., Case Crime No.25 of 2020, under sections 457, 380, 411 I.P.C. and Case Crime No.29 of 2020, under sections 411, 414 I.P.C., whereas the same proceeding initiated against the applicant no.1 is on the basis of three cases, wherein apart from the two cases mentioned above, one more case is Case Crime No.42 of 2020, under sections 380, 411, 414 I.P.C. In the above two cases, i.e., Case Crime No.25 of 2020 and Case Crime No.29 of 2020, which are mentioned against both the applicants, they have been acquitted by learned courts concerned vide orders dated 17.01.2022 and 17.01.2022 respectively, both the acquittals orders are annexed as Annexure Nos.4 and 5 to the affidavit. So far as Case Crime No.42 of 2020 is concerned, the same has been wrongly shown against applicant no.1 in the gang chart, wherein neither he has been named in the F.I.R., nor charge-sheet has been submitted against him, the same has been explained in para-12 of the affidavit as well as the acquittal order of applicant no.1 in Case Crime No.42 of 2020 has been annexed as Annexure No.6 to the affidavit. Learned counsel for applicants further submitted that once in the base cases applicants have been exonerated/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 or the applicants have already been acquitted in the same, 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 and rebutted the stand taken up by learned counsel for applicants, but at the same he did not dispute the acquittal orders dated 17.01.2022 passed by learned court concerned. 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 applicant has already been acquitted in the base cases, charge-sheet no.179 of 2022 dated 07.07.2022 along with cognizance/summoning order dated 01.11.2023 and the entire proceedings of Special Case No.3584 of 2023 (State Vs. Rinku and others), arising out of Case Crime No.382 of 2020, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Khanpur, District- Bulandshahr, are hereby quashed only in pursuance of applicants 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 :- 26.5.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad