Neutral Citation No. - 2025:AHC:81052 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 17163 of 2025 Applicant :- Chhiddu And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Arshad Khan 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 dated 26.11.2022 along with cognizance/summoning order dated 04.03.2023 and the entire proceedings of Session Case No.166 of 2023 (State Vs. Ali Waris @ Kaluwa and others), arising out of Case Crime No.108 of 2022, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Gajraula, District- Amroha, pending before learned court of Additional Session Judge/F.T.C. IInd, Amroha. 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.33 of 2022, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station- Gajraula, District- Amroha. In the said case, all the applicants were acquitted by learned court of Additional Session Judge/Special Judge (POCSO Act), Court No.3, Amroha vide order dated 11.01.2024. Learned counsel for applicants further submitted that once in the base case 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 order dated 11.01.2024 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 case, charge-sheet dated 26.11.2022 along with cognizance/summoning order dated 04.03.2023 and the entire proceedings of Session Case No.166 of 2023 (State Vs. Ali Waris @ Kaluwa and others), arising out of Case Crime No.108 of 2022, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Gajraula, District- Amroha, pending before learned court of Additional Session Judge/F.T.C. IInd, Amroha, 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 :- 16.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad