Neutral Citation No. - 2025:AHC:106475 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 19949 of 2025 Applicant :- Omkar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukul Yadav,Rajesh Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. This application has been preferred for quashing the charge- sheet dated 13.08.2008, cognizance order dated 18.11.2008 as well as entire proceedings of Session Trial no. 163 of 2008, State Vs. Omkar Singh and others, arising out of Case Crime nos. 198 of 2008, under Section 3(1) of U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986, PS- Baniyather, District- Sambhal (Bheem Nagar) pending in court of learned Additional District and Sessions Judge, Sambhal at Chandausi. 3. Learned counsel for the applicants submitted that the proceeding under the Gangster Act has been initiated against applicants on the basis of four case bearing Case Crime No. 38 of 2008, under sections 302, 394, 323, 411 IPC, PS- Baniyather, District Moradabad, Case Crime no. 97 of 2008 under sections 364, 302, 201, 394, 323, 411 IPC, PS- Baniyather, District Sambhal, Case Crime no. 317 of 2007 under Section 307 IPC, PS- Baniyather, District Moradabad and Case Crime no. 18 of 2008 under Section 25 Arms Act, PS- Baniyather, District Moradabad. The applicants have been acquitted in Case Crime no. 38 of 2008, 97 of 2008, 317 of 2007 vide orders dated 01.10.2013, 01.04.2017 and 28.09.2010 respectively and copy of the judgments are annexed as Annexure no. 3, 4 and 5 to the application. Applicant has also been acquitted in Case Crime no. 18 of 2008 under Section 25 Arms Act, however, the said case is not amenable for initiating proceeding under Gangster Act. Learned counsel for applicants further submitted that once in the base cases, 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 cases 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. In one Case Crime no. 18 of 2008 under Section 25 Arms Act, learned counsel for applicant submitted at Bar that applicant has been acquitted, however, the said case is not amenable for initiating proceeding under Gangsters Act. [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 cases applicants have been acquitted vide judgment and order dated 01.10.2013, 01.04.2017 and 28.09.2010, charge-sheet dated 13.08.2008, cognizance order dated 18.11.2008 as well as entire proceedings of Session Trial no. 163 of 2008, State Vs. Omkar Singh and others, arising out of Case Crime nos. 198 of 2008, under Section 3(1) of U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986, PS- Baniyather, District- Sambhal (Bheem Nagar), are hereby quashed only in pursuance of applicant herein. 7. The present application is, accordingly, allowed. Order Date :- 7.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad