Neutral Citation No. - 2025:AHC:63157 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 14081 of 2025 Applicant :- Kunal Chawala 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. 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 30.11.2023, cognizance/summoning order dated 11.01.2024 and the entire proceedings of Special Case No.84 of 2024 (State vs. Sunil Kumar & Others) arising out of Case Crime No.396 of 2022, under Sections 3/2 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Madhuban, District- Ghaziabad, pending in the Court of learned Special Judge (Gangster Act)/Additional District Judge, Court No.12, Ghaziabad as well as to stay the further proceedings of above-mentioned 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.666 of 2021, under sections 420, 120B I.P.C. and sections 60, 63, 72 U.P. Excise Act, wherein the applicant has already been acquitted by learned Additional Chief Judicial Magistrate, Court No.5, Ghaziabad vide order dated 08.04.2025, the said order has been appended as Annexure No.8 to the affidavit filed in support of instant application 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. For substantiating his submissions, learned counsel for applicant relied upon the judgement rendered by Hon'ble Apex Court in case of Farhana vs. State of U.P. and Others, decided on 19.02.2024 in Criminal Appeal No. ... of 2024 [Arising out of SLP (Crl.) No.437 of 2023]. 4. Per contra, learned AGA vehemently opposed the prayer as made in the application, but could not dispute the above facts as made by learned counsel for the applicant. 5. After hearing rival submissions extended by learned counsel for the parties and in the light of above judgement rendered by Hon'ble Apex Court in case of Farhana (supra), 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 Special Case No.84 of 2024 (State vs. Sunil Kumar & Others) arising out of Case Crime No.396 of 2022, under Sections 3/2 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Madhuban, District- Ghaziabad, pending in the Court of learned Special Judge (Gangster Act)/Additional District Judge, Court No.12, Ghaziabad, is hereby quashed and set-aside. 7. Accordingly, the application u/s 528 BNSS is allowed. Order Date :- 24.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad