Neutral Citation No. - 2025:AHC:72110 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 15635 of 2025 Applicant :- Balveer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Byas Kumar Prasad,Pradeep Kumar Keshri Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing the charge- sheet dated 14.10.2009 as well as the entire proceedings of Gangster Session Trial No.741 of 2009 (State Vs. Hariom and others), arising out of Case Crime No.244 of 2009, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Nauhjhil, District- Mathura, pending in the court of learned Special Judge (Gangster Act)/Additional Session Judge, Court No.5, Mathura. 3. Learned counsel for the applicant submitted that the proceeding under the Gangster Act has been initiated against applicant on the basis of two cases mentioned in the gang chart bearing Case Crime No.212 of 2009, under sections 393, 307 I.P.C. P.S. Nauhjhil, District- Mathura and Case Crime No.241 of 2009, under section 25 of Arms Act, P.S. Nauhjhil, District- Mathura. In the said cases, applicant was acquitted by learned courts concerned vide orders dated 03.01.2013 and 25.08.2023 respectively. Learned counsel for applicant further submitted that once in the base cases applicant has been exonerated/acquitted, the instant proceeding under the Gangster Act cannot be drawn. In support of his submission, learned counsel for applicant 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 applicant, but at the same he could not dispute the acquittal orders dated 03.01.2013 and 25.08.2023 passed by learned courts concerned. 5. After having the rival contentions raised by learned counsel for parties, it is crystal clear that in the base cases depicted in the gang chart, applicant has already 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 the applicant has already been acquitted in the base cases, charge-sheet dated 14.10.2009 as well as the entire proceedings of Gangster Session Trial No.741 of 2009 (State Vs. Hariom and others), arising out of Case Crime No.244 of 2009, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Nauhjhil, District- Mathura, pending in the court of learned Special Judge (Gangster Act)/Additional Session Judge, Court No.5, Mathura, are hereby quashed only in pursuance of applicant 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 applicant. Order Date :- 6.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad