Neutral Citation No. - 2025:AHC:83614 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 16453 of 2025 Applicant :- Amaan Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ali Hasan,Istiyaq Ali Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Istiyaq Ali, learned counsel for applicant and learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing the criminal proceedings in Special Case no. 85 of 2019 (State vs. Amaan Khan and others) arising out of Case Crime no. 0136 of 2018, under Section 2/3 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, PS- Bithari Chainpur, District- Bareilly, pending in court of learned Additional District Judge-5, Bareilly including the charge sheet dated 01.07.2019 submitted by the police and cognizance/summoning order dated 07.11.2019 passed by learned Additional Sessions Jude, Court no. 5/Special Judge, Gangsters Act, Bareilly as well as order dated 29.02.2020 passed by learned Additional Sessions Judge, Court no. 5/Special Judge, Gangsters Act, Bareilly as well as order dated 29.02.2020 passed by learned Additional Sessions Judge, Court no. 5/Special Judge, Gangsters Act, framing the charges against the applicant for an offence under Section 2/3 of U.P.Gangsters and Anti-Social Activities (Prevention) Act, 1986. 3. Learned counsel for the applicants submitted that the proceeding under the Gangster Act has been initiated against applicants on the basis of solitary case bearing Case Crime No.122 of 2018, under Sections 323, 504, 506, 294, 354, 325 IPC and 7 POCSO Act, Police Station Bithari Chainpur, District Bareilly. The applicant has been acquitted in Case Crime No.122 of 2018, under Sections 323, 504, 506, 294, 354, 325 IPC and 7 POCSO Act, Police Station Bithari Chainpur, District Bareilly vide judgment and order dated 06.10.2021 passed by learned Special Judge (POCSO Act), Court no. 3/Additional Sessions Judge, Bareilly and copy of the judgment is annexed as Annexure no. 7 to the application. Learned counsel for applicant 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 06.10.2021, charge sheet dated 01.07.2019 and cognizance/summoning order dated 07.11.2019 passed by learned Additional Sessions Judge, Court no. 5/Special Judge, Gangsters Act, Bareilly in Special Case no. 85 of 2019 (State vs. Amaan Khan and others) arising out of Case Crime no. 0136 of 2018, under Section 2/3 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, PS- Bithari Chainpur, District- Bareilly 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 :- 17.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad