Neutral Citation No. - 2025:AHC:77255 Court No. - 74 Case :- APPLICATION U/S 482 No. - 14022 of 2024 Applicant :- Asagar Kuraishi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Jatan Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Ram Jatan Yadav, learned counsel for applicants and learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing the cognizance order/summoning order dated 05.10.2020 and the charge sheet No. 97 of 2020 dated 09.07.2020 as well as entire proceeding of G.S.T. No. 2116 of 2020 (State vs. Sageer and others) arising out of Case Crime No.318 of 2019 under Section 2/3 of the U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station G.R.P. Cantt. Agra, District Agra pending in the court of Additional District Judge-5 Special Judge (Gangster Act), Agra. 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.14 of 2019, under Section s 384, 323, 504, 506 IPC, Police Station - G.R.P Cantt. Agra, District Agra. The applicants have been acquitted in 14 of 2019, under Section s 384, 323, 504, 506 IPC, Police Station - G.R.P Cantt. Agra, District Agra, vide judgment and order dated 13.2.2020 passed by learned Additional Chief Judicial Magistrate (Railway), Agra and copy of the judgment is annexed as Annexure no. 4 to the application. Learned counsel for applicants further submitted that once in the base case, applicants 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 applicants have 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 applicants have been acquitted vide judgment and order dated 13.2.2020, cognizance order/summoning order dated 05.10.2020 and the charge sheet No. 97 of 2020 dated 09.07.2020 as well as entire proceeding of G.S.T. No. 2116 of 2020 (State vs. Sageer and others) arising out of Case Crime No.318 of 2019 under Section 2/3 of the U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station G.R.P. Cantt. Agra, District Agra pending in the court of Additional District Judge-5 Special Judge (Gangster Act), Agra, are hereby quashed only in pursuance of applicants herein. 7. The present application is, accordingly, allowed. Order Date :- 23.4.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad